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IRS attacked all pastors, says Pastor Clarke
More articles on this topic: Gregory ClarkeAlong with a packed courtroom Friday of shocked and teary-eyed supporters, Pastor Gregory Clarke tried bravely to console others who sat in stunned silence and utter disbelief. “Guilty,” was the verdict announced after only two hours of deliberation by the 11 Whites and one Black on the jury.
When the federal trial began in Judge Inga Johnson’s courtroom Monday, the pastor of New Hope Baptist Church was charged with knowingly and willfully filing ‘false tax returns’ for the years 2000, 2001 and 2002.
All week, the somewhat complicated income tax case was a legal battle concerning mostly checks that Clarke received from preaching engagements… and a $60,000 one-time gift from his church. A church minutes document (of a meeting), testimony of Deacon Board chair W.C. Motley, church trustees and the CFO (Chief Financial Officer) Mark Nixon all gave proof that the $60,000 gift was “for paying-off debts” that Clarke struggled to pay following a divorce.
Although Clarke had to bring “all his bills” to the church officers for payment, and never physically controlled the $60,000, government prosecutors contended, ones employer could not give a ‘gift’ to an employee. Clarke had a duty to pay the IRS income tax on it, they asserted.
The Times asked, doesn’t that mean if a church decided to give its pastor a $60,000 Pastor’s Anniversary gift, he would have to pay taxes on it? “The concept is the same,” answered Clarke. They (pastors) could be indicted and convicted just like I was.”
Ironically, government prosecutors called several pastors to the witness stand to testify of checks given to Clarke after he spoke at their churches. On cross examination by defense attorneys, Bethel Baptist Church Pastor Tommy Lewis stated, he gave Clarke a $125 expense check for “printed materials” and for speaking at a church leadership conference.
Pastor Awalski Moore (Zion Hill Baptist Church), Rev. Bobby Palmore (First Baptist Church-Roosevelt City) and Deacon Wiley James Paine (Hopewell Baptist Church) gave testimony of checks given to Clarke as “honorariums”, “evangelistic donations” and “tokens of appreciation”.
Bill Morrison, Senior Minister of UAB Campus Ministries, mailed a “letter of appreciation” and a $50 check to Clarke two weeks after he spoke. The letter expressed thanks and did not mention a “pre-arranged” speakers fee, said defense attorneys. Pre-arranged fees by speakers amount to employment contracts and must be reported as income to the IRS.
During cross examination, defense Attorney Sam McCord, uncovered testimony that appeared very damaging to the government’s case. The prosecution’s chief witness, IRS Special Agent John Quartapella, became visibly nervous during cross examination, could not answer simple defense questions, and admitted that he never interviewed Deacon Demetrius Vines, Trustee Charles Burrell or other trustees who approved Clarke’s $60,000 one-time gift and his total financial package. At least three persons interviewed by Quartapella told him to specifically “speak with” Burrell, Vines and others who made “all financial decisions for the church.”
The “IRS investigation was filled with mistakes,” said defense Attorney McCord, “and was obviously one-sided” in not interviewing church financial officers “before recommending criminal charges” against Clarke. “Their information would have been favorable to Clarke,” reasoned McCord. “Why wasn’t Clarke audited by the IRS,” asked McCord, “like most Americans instead of being indicted?” Quartapella had no answer.
Clarke has been a longtime supporter and good friend of former democratic Governor Don Siegelman, recently indicted and convicted by federal prosecutors. Clarke told The Times that in the past, he has been a financial contributor to Siegelman’s campaign for governor.
Clarke was the first African American minister ever to participate at an Alabama Governor’s Inauguration. Clarke was asked by Siegelman to give the inaugural prayer during his swearing-in ceremony. His renown New Hope Baptist Church choir also performed.
What was the main issue that your case was decided upon, The Times asked. “Love offerings,” he answered. “Whether or not they are gifts” that must be reported to the IRS.
“That (gifts to pastors) will be devastating to all churches,” explained Clarke.
“Our culture,” he continued, “our history suggests that people in the Black church have always given gifts to their pastors. It’s given out of love and admiration” for their pastors.
Any problem with the jury having only one Black, The Times asked. “Other cultures don’t understand our traditions…our culture,” he said, nor the “somewhat complicated tax laws, so how can they render a verdict ‘beyond a shadow of a doubt?”
What’s next, The Times asked. Clarke said, he will take a few days “to rest, and spend with his family, and assess the situation with ministers and others.”
He plans “to educate other preachers and pastors” about the gifts that got him indicted and convicted. “They’ve asked me to help them” avoid a similar fate. “They recognize that we are all in this together.”
Judge Inga Johnson was unclear Friday about the amount of possible prison time Clarke could receive. She set sentencing for October 22nd at 9 a.m.
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