The Investigator Of 3abn Options

[fallible humanbe...]

I often write brief explanations of complex subjects in a attempt to condense them into the major points, and from the perspective that some people prefer to read brief statements over long complex documents.

However, there are others, like I often do, who like to read the original documents.

Therefore, and due to request, I am posting here a statement that GAJ has made in regard to his conviction in 1988.

***************************

. . . .

In summary, I have felt the sting of Justice and the comfort of Mercy. Justice makes one more human and understand the issue of accountability. It also makes you look hard at yourself and realize just how easy it is to be a "fallible human being" and how hard it is to earn the Mercy of humanity and how little we deserve the mercy of our Lord Jesus Christ. And in the end, I know what it is to be willing to give up everything we have worked so hard for, to stand for principals, albeit human principals, and how much more important it is to stand for the principals of righteousness within the Church of God. May every "fallible human being" learn the same lesson, is my prayer as we move forward to clean up any stench in the nostrils of the Lord!!!

Gailon Arthur Joy"

Thank you Greg for your work in making this clear, and please thank Mr. Joy for me for such a personal response.

Sarcasam aside, it is helpful to have a clear understanding of all the factors involved here. What we still do not know, though it has been requested a few times, is what sort of work Mr. Joy has engaged in that would set him apart to undertake the task of "investigating" this particular situation. What credibility does he have to offer that will make his report stand as difinitive in the situation?

His report, due out months ago, is now scheduled for 2007. One would think that by this point all relevent parties have been interviewed and a report of the situation would have already been forth coming. Knowing his credentials (and I do not necessarily mean a liscence, unless one is needed for what he has undertaken) would lend credence to his work. We know he isn't a private investigator. He must have some legal training, meaning he probably went to law school or worked in a firm long enough to have sufficient background to be able to represent himself in his embezzlement case. Is he a reporter (as might be assumed by his sign off earlier "AUReporter")? If he is and if he has significant work that can be referenced one could decide what weight a report offered by him might carry. But, to date nothing has been presented.

It is curious that while so much of what has been presented here appears to be making a case against the character of Danny, his family members, various employees and board members that when raising a character question about Mr. Joy this is just not acceptable.

Character is at the center of the claims against Danny, et. al. "They do not have the appropriate upright character to be doing the work of God." Over and over and over this comes through. If character is the issue then we need to address all concerend from the same aspect. What of Linda's character? One can be sympathetic to her pain and hard experiences while at the same time considering her character - doesn't God look on us similarly, with unconditional love, while at the same time leading us to realize the flaws in our character? What about the character of you and I - speaking for myself it certainly isn't a stellar picture. Yet Danny's has had his character impuned in so many ways (and there is yet to be evidence presented for most of the accusations.) The spiritual conversion of Mollie and Hal has been constantly called into question, and guilt by association has been flung around left and right. Looking at it from the middle I don't think my questioning the integrity of the report from Mr. Joy is inappropriate. If in fact there is no reason to question Mr. Joy's work one would think that Linda, et. al. would relish the chance to be transparent.

It is obvious in Mr. Joy's statement that he stood for what he felt was a worthy principle. He made restitution and from all indications hasn't had a similar experience since. But, as you pointed out, in a post yesterday, it could all have happend because he did not know ther law or engaged in some sloppy bookkeeping. Would either one of those cause you to wonder about the attention to detail in the report he is scheduled to deliver? Then again if there were a track record that one could look over that might be a moot question.

Greg, I appreciated the fair and even handed discussion we engaged in yesterday and your professional and respectful tone. I don't know if you solicited a response from Mr. Joy or came by it another way - but I do appreciate your efforts to keep all that can possiby be made known out in the open so those looking for the facts can make a reasoned decision in all of this.

-fhb

[howdy]

HO HUm Ad infinitum. If Johan would just produce what was "imminent" weeks ago we could all forget 3ABN.

howdy




This post has been edited by howdy: Nov 23 2006, 03:34 PM

[Observer]

FHB:

Thank you for your gracious comments about me personally.

I, like others, have formed an opinion. I have a bias, if you will. Much of my opinion is founded, not upon what others have said, but upon personal discovery. I have not stated my reasons for such as I think it is inappropriate to publicly do so.

While I have an opinion, or bias, I like others involved in this are committed to a search for truth, where that takes us. This incident regarding Mr. Joy's 1988 conviction is a set back that needed to be met immediately. All of us agree on that point. We agree that it has needed to be met with the truth, whatever that truth is. So, as soon as the charge against him was known, we consulted to discover what truth was present in the charge. In that process of consultation, Mr. Joy made his statement to us. He did so voluntarily, and with no pressure from us to do so. He did so because he agrees with us that the truth must come out. It cannot be swept under the rug, so to speak. Whatever that truth is, it must be made public.


The questions that you raise about Mr. Joy's background are valid questions of interest. Early on in his involvement, I contacted him and asked him some frank questions. People who know me know that I can do so. He responded with very specific answers to the questions that I had asked him. He has given me telephone number by which I can reach him, and when I feel a need to do so, I do contact him directly.

I will respond to your questions regarding his background. As is my custom, I will be brief, and if you wish more detailed answers they can come later or from someone else.

Legal background: Mr. Joy has an extensive background in law, but he is not a licensed attorney. He has a good background in helping attorneys prepare their cases for litigation.

Investigation: Mr. Joy has been involved in investigating, and discovery of facts in a number of cases in the secular (political) world, and within the SDA Church. In the secular world he has brought to light information that has resulted in political changes in the government. He has a past history of bringing to light information regarding denominationally related institutions that some had attempted to cover up.

Financial: Mr. Joy has the ability to fund his own efforts to discover the truth, to obtain the help that he needs to do such, and to do whatever is required of him, in his efforts to discover the truth.

Publishing: Mr. Joy is able to get his story out to the public a large, whenever he wishes to do so.

I believe that you mentioned that time-lines had been set for revelations of findings, and that such had never been met.

Correct, and there are a couple of good reasons for such:

1) The information available for discovery has exceeded expectations, and therefore time lines have needed to be extended.

2) Mr. Joy not only desires to work with interested people to resolve these issues, but he is willing to do so. When people in positions of influence have asked for time to attempt to resolve issues, we have all been willing to give them such time. But, as you can understand, such attempts must be conducted behind "closed doors," and cannot be conducted publicly. It is only after basic agreements are reached that announcements of such may be made. Mr. Joy has postponed promised publicity in an attempt to facilitate attempts that some have wanted to make to resolve the issues. We will continue to do so when there is some chance of resolution.

There are people on both (all) sides of this issue who are sincere, honest, and want to resolve issues in the best manner possible. Whether that is possible will remain to be seen.

My personal belief is that some can be accomplished, but that some issues will not lend themselves to such efforts.

That is all I can say at this point in time.

This post has been edited by Observer: Nov 23 2006, 04:17 PM

[Panama_Pete]

3ABN's appeal of the initial decision in their case v. the State of Illinois is not based on technicalities but on serious considerations of the law. These considerations have far reaching effects for all ministries in the State and ministries such as Moody Bible Institute are following this case with extreme interest. Should the courts find in favor of the State all ministries within the State will find themselves potentially with a sudden retroactive tax burden that they can not shoulder.

- fhb

Here's something people seem to be missing:

3ABN was organized as " a general not-for-profit corporation." The confusion is that you are referring to the 3ABN corporation as a "ministry."

According to the tax case, 3ABN was not organized as an Illinois religious corporation, but as as general not-for-profit corporation.

General not-for-profit corporations can solicit for donations, but, unlike religious organizations, they are not automatically entitled to real estate tax exemptions.

Danny Shelton simply set up a private business for himself. That's all it is.
Read it all on page 23.

http://www.revenue.state.il.us/legalinform...s/pt/pt04-1.pdf

"As a preliminary matter, applicant [3ABN] is not organized and operated as a religious corporation under the Illinois Religious Corporation Act, found at 805 ILCS 110/0.01 et seq. Rather, applicant is incorporated under the General Not for Profit Corporation Act. 805 ILCS105/101.01 et seq. The Illinois General Assembly has recognized organizational and operational differences between the two types of organizations and has established different and separate statutory schemes to govern those differences. Implicit in such legislative action is the recognition that religious corporations and general not for profit corporations are separate, distinct, and different legal entities. Therefore, as a matter of law, applicant [3ABN] is not a religious corporation. "

This post has been edited by Panama_Pete: Nov 26 2006, 05:26 AM

[Johann]

HO HUm Ad infinitum. If Johan would just produce what was "imminent" weeks ago we could all forget 3ABN.

howdy

There was much more evidence than expected. Here is the latest from the investigation:

Linda and the team that has been investigating the entire 3ABN case has been conferring with a representative of ASI to determine if common ground and fair rules for a five person panel can be found to address at least some of the issues, including Linda's claims and rights.

If this does not work out, then in Janaury, 2007 we will launch a full scale and public effort to exonerate Linda, to indict Danny in the public eye and to put pressure on 3ABN to make certain changes to it's governance and accountability to be certain that this incredulous process cannot continue or repeat itself.
In the interim, think seriously of encouraging local affiliates and individual satellite viewers to switch to Hope Channel. They also offer online streaming video and I have begun watching it to avoid supporting hypocracy and to avoid what may be an unpleasant surprise as civil authority continues to probe as well.
I have done a very complete timeline and continue to interview dozens of witnesses, officers, directors (past and present), employees and conference emplyees.

I can safely argue that we have overwhelmingly concluded that there was no adultery on Linda's part during her marriage to Danny Shelton;
That Danny was in fact preparing for a divorce during 2003 and Linda trustingly and naively missed the roadsigns;
That Danny has had several "inappropriate" relationships that were in some cases public and known by staff and some directors throughout his marriage to Linda Shelton;
That at least one "inappropriate" relationship in fact betrayed Linda Shelton and has used her treachery to advance her career at 3ABN and continues to do so;
That Danny Shelton clearly conducted an "inappropriate" relationship with Brandy from August 2004 until they were married in 2006 and the officers and directors of 3ABN were well aware of the relationship;
That the marriage to Brandy is a clear adultery under the very clear rules established by the Lord of the Universe in Matthew; That the 3ABN board had no ecclesiastical authority ! to auth orize the adulterous marriage to Brandy and continue to employ Danny Shelton at the head of Three Angels Broadcasting Network, Inc.;
That the board of Directors of 3ABN has failed in it's responsibility to oversee the assetts, governance and accountability to the "stockholders in the pews";
That 3ABN has to change it's constitution and bylaws to end the self perpetuation of the board of directors and leadership of 3ABN and to establish a real membership inclusive of all donors;
To establish representative form of government that will be accountable to the "stockholders in the pews", that will act responsibly to end the nepotism at 3ABN and prevent re-enactment of the Linda Shelton debacle and the retaliation against a whistleblower employee group from trust services following eggregious actions, including but not limited to grossly disgusting violations of the Federal Equal Employment Opportunity Act and some allegations of wrongful fiduciary responsibility by West! phal , et al.

As time progresses, either the tribunal will conduct a fair hearing and issue a report with recommendations or we will do it for them. Ours will most likely be far less tempered and far more direct in it's revelations and public documentation, but we are willing to grant some additional time for these discussions to prepare a foundation for a fair tribunal. But, our investigation is coming to a time certain waymark conclusion, albeit not an end as there are developing stories that will most certainly proceed well into the year 2007 and 2008.

While I am a firm believer in ecclesiatical authority, I am reasonably certain that no-one on this team, nor other 3ABN employees, past and present, will allow the issues to once again remain buried for another twenty years.

Rest assured that Linda will be exonerated publically in time!!!

The handwriting is very nearly upon the wall and grace will end in the favor of justice. After all, Divine Love is a balance of mercy and justice and mercy has had it's way far too long at 3ABN. May Justice prevail and the Lord be honored in all that is done.

Gailon Arthur Joy
AUReporter

[simplysaved]

The church you attend is a not-for-profit organization and is listed as such.

Here's something people seem to be missing:

3ABN was organized as " a general not-for-profit corporation." The confusion is that you are referring to the 3ABN corporation as a "ministry."

According to the tax case, 3ABN was not organized as an Illinois religious corporation, but as as general not-for-profit corporation.

General not-for-profit corporations can solicit for donations, but, unlike religious organizations, they are not automatically entitled to real estate tax exemptions.

Danny Shelton simply set up a private business for himself. That's all it is.
Read it all on page 23.

http://www.revenue.state.il.us/legalinform...s/pt/pt04-1.pdf

"As a preliminary matter, applicant [3ABN] is not organized and operated as a religious corporation under the Illinois Religious Corporation Act, found at 805 ILCS 110/0.01 et seq. Rather, applicant is incorporated under the General Not for Profit Corporation Act. 805 ILCS105/101.01 et seq. The Illinois General Assembly has recognized organizational and operational differences between the two types of organizations and has established different and separate statutory schemes to govern those differences. Implicit in such legislative action is the recognition that religious corporations and general not for profit corporations are separate, distinct, and different legal entities. Therefore, as a matter of law, applicant [3ABN] is not a religious corporation. "

Johann:

I personally read from Linda's website that she has put this behind her and has moved on.....has God now given her a "new" vision/light or is she being pressured to?

There was much more evidence than expected. Here is the latest from the investigation:

Linda and the team that has been investigating the entire 3ABN case has been conferring with a representative of ASI to determine if common ground and fair rules for a five person panel can be found to address at least some of the issues, including Linda's claims and rights.

If this does not work out, then in Janaury, 2007 we will launch a full scale and public effort to exonerate Linda, to indict Danny in the public eye and to put pressure on 3ABN to make certain changes to it's governance and accountability to be certain that this incredulous process cannot continue or repeat itself.
In the interim, think seriously of encouraging local affiliates and individual satellite viewers to switch to Hope Channel. They also offer online streaming video and I have begun watching it to avoid supporting hypocracy and to avoid what may be an unpleasant surprise as civil authority continues to probe as well.
I have done a very complete timeline and continue to interview dozens of witnesses, officers, directors (past and present), employees and conference emplyees.

I can safely argue that we have overwhelmingly concluded that there was no adultery on Linda's part during her marriage to Danny Shelton;
That Danny was in fact preparing for a divorce during 2003 and Linda trustingly and naively missed the roadsigns;
That Danny has had several "inappropriate" relationships that were in some cases public and known by staff and some directors throughout his marriage to Linda Shelton;
That at least one "inappropriate" relationship in fact betrayed Linda Shelton and has used her treachery to advance her career at 3ABN and continues to do so;
That Danny Shelton clearly conducted an "inappropriate" relationship with Brandy from August 2004 until they were married in 2006 and the officers and directors of 3ABN were well aware of the relationship;
That the marriage to Brandy is a clear adultery under the very clear rules established by the Lord of the Universe in Matthew; That the 3ABN board had no ecclesiastical authority ! to auth orize the adulterous marriage to Brandy and continue to employ Danny Shelton at the head of Three Angels Broadcasting Network, Inc.;
That the board of Directors of 3ABN has failed in it's responsibility to oversee the assetts, governance and accountability to the "stockholders in the pews";
That 3ABN has to change it's constitution and bylaws to end the self perpetuation of the board of directors and leadership of 3ABN and to establish a real membership inclusive of all donors;
To establish representative form of government that will be accountable to the "stockholders in the pews", that will act responsibly to end the nepotism at 3ABN and prevent re-enactment of the Linda Shelton debacle and the retaliation against a whistleblower employee group from trust services following eggregious actions, including but not limited to grossly disgusting violations of the Federal Equal Employment Opportunity Act and some allegations of wrongful fiduciary responsibility by West! phal , et al.

As time progresses, either the tribunal will conduct a fair hearing and issue a report with recommendations or we will do it for them. Ours will most likely be far less tempered and far more direct in it's revelations and public documentation, but we are willing to grant some additional time for these discussions to prepare a foundation for a fair tribunal. But, our investigation is coming to a time certain waymark conclusion, albeit not an end as there are developing stories that will most certainly proceed well into the year 2007 and 2008.

While I am a firm believer in ecclesiatical authority, I am reasonably certain that no-one on this team, nor other 3ABN employees, past and present, will allow the issues to once again remain buried for another twenty years.

Rest assured that Linda will be exonerated publically in time!!!

The handwriting is very nearly upon the wall and grace will end in the favor of justice. After all, Divine Love is a balance of mercy and justice and mercy has had it's way far too long at 3ABN. May Justice prevail and the Lord be honored in all that is done.

Gailon Arthur Joy
AUReporter

[Johann]

Johann:

I personally read from Linda's website that she has put this behind her and has moved on.....has God now given her a "new" vision/light or is she being pressured to?

Linda is not being pressured into anything. She did not ask for this investigation. Gailon Arthur did not want to have anything to do with an investigation of the divorce for the first two years. He started investigating on his own without even talking to Linda, and was greatly surpriced what he discovered. Numerous first person witnesses have contacted him and given him what they have experienced.

Linda did not ask for this, neither did Dr. Arild Abrahamsen, nor I.

Last year Gailon Arthur made close to a million dollars available to 3ABN, in which he still believes.

[summertime]

Linda is not being pressured into anything. She did not ask for this investigation. Gailon Arthur did not want to have anything to do with an investigation of the divorce for the first two years. He started investigating on his own without even talking to Linda, and was greatly surpriced what he discovered. Numerous first person witnesses have contacted him and given him what they have experienced.

Linda did not ask for this, neither did Dr. Arild Abrahamsen, nor I.

Last year Gailon Arthur made close to a million dollars available to 3ABN, in which he still believes.

Johann, I am having trouble understanding why Gailon Arthur, with the understanding of what is going on at 3ABN, did not make this 'close to a million' availability to HOPE TV instead of to 3ABN. Why would he continue to line Danny Shelton's pockets when he understands what has happened.?

[Denny]

I have hesitated to get involved much in this discussion but, on principle, I must put in a little comment.

All of us have sinned and come short of the glory of God. Sin, in any degree, separates us from God. When we repent (turn away) from that sin and reconnect with Him we can fully experience His mercy. That goes for every one of us.

My little comment is on a partial sentence at the end of G. A. Joy's statement:

"...is my prayer as we move forward to clean up any stench in the nostrils of the Lord!!!".

While I am not trying to be critical of anyone's mission, it just strikes me that it is a pretty bold conclusion to say that it falls to any of us humans to clean up any stench in the Lord's nostrils. Our filthy rags just don't have that kind of power IMO. It is our Lord and our Lord alone who has that cleansing power.

So can I come round and steal from your offering plate on a regular basis and expect no reprisals?[i]

[Johann]

Johann, I am having trouble understanding why Gailon Arthur, with the understanding of what is going on at 3ABN, did not make this 'close to a million' availability to HOPE TV instead of to 3ABN. Why would he continue to line Danny Shelton's pockets when he understands what has happened.?

Mr. Gailon Arthur Joy and his team are conservative Seventh-day Adventists, and it seems a general understanding that 3ABN is the TV of conservative Adventists, while they claim HOPE is a liberal station. At the time GAJ sent close to a million dollars to 3ABN he was still convinced Danny Shelton was the man advocating the right SDA principles. It was only after he discovered there was something wrong with Danny Shelton's explanations that he started investigating. His team discovered that 3ABN does not have one single valid proof against Linda. They merely hide themselves behind fiction they have created, in an attempt to justify Danny's affair with another woman, and so that he could still remain the president of 3ABN after he remarried. Someone sent me this quote today:

"... churches are filled with fornication and adultery. . . but these things are kept covered up. Ministers in high places are guilty; yet a cloak of godliness covers their dark deeds, and they pass on from year to year in their course of hypocracy." Testimonies vol. 2, p. 449.

Does this contain a warning for us today?

[PeacefulBe]

So can I come round and steal from your offering plate on a regular basis and expect no reprisals?[i]

IMO there is a huge difference between bringing issues forward that need to be dealt with by conference or civil authorites - such as stealing from an offering plate or blatant doctrinal violations - and supposing that any of us has the power to actually

move forward to clean up any stench in the nostrils of the Lord!!!.

Who really has the power or even the commission to cleanse the nostrils of the God of all the universe? I believe that only when He makes a final end to everything sinful and creates the Earth anew will that stench be gone. In the meantime our personal prayers and supplications to our Father in heaven can certainly bring to Him a fragrance that He finds pleasing.

That being said, I would be happy to entertain scripture that shows differently.

[howdy]

The church you attend is a not-for-profit organization and is listed as such.

Johann:

I personally read from Linda's website that she has put this behind her and has moved on.....has God now given her a "new" vision/light or is she being pressured to?

I really appreciate this explanation of where this situation stands at the present time. I believe it is important to keep folks informed of what is going on rather than keep us all hanging on waiting for some future revelation. Thank you.

howdy

[fallible humanbe...]

Here's something people seem to be missing:

3ABN was organized as " a general not-for-profit corporation." The confusion is that you are referring to the 3ABN corporation as a "ministry."

According to the tax case, 3ABN was not organized as an Illinois religious corporation, but as as general not-for-profit corporation.

General not-for-profit corporations can solicit for donations, but, unlike religious organizations, they are not automatically entitled to real estate tax exemptions.

Danny Shelton simply set up a private business for himself. That's all it is.
Read it all on page 23.

http://www.revenue.state.il.us/legalinform...s/pt/pt04-1.pdf

"As a preliminary matter, applicant [3ABN] is not organized and operated as a religious corporation under the Illinois Religious Corporation Act, found at 805 ILCS 110/0.01 et seq. Rather, applicant is incorporated under the General Not for Profit Corporation Act. 805 ILCS105/101.01 et seq. The Illinois General Assembly has recognized organizational and operational differences between the two types of organizations and has established different and separate statutory schemes to govern those differences. Implicit in such legislative action is the recognition that religious corporations and general not for profit corporations are separate, distinct, and different legal entities. Therefore, as a matter of law, applicant [3ABN] is not a religious corporation. "

PP,

Okay, this is in fact the primary issue here. Thompsonville Community High School District No. 112, Thompsonville School District No. 62, Franklin County Board of Review, and The Department of Revenue of the State of Illinois are attempting to establish precedent with this case. If they are successful all entities that have organized as GNFP can come under review for past and future property tax collection. This case is entirely about property taxes and the windfall that some local entity, such as the school district, may incur by stripping GNFPs like 3ABN and Moody Bible Institute of their tax-exempt status.

As you stated, being a GNFP neither insures nor disallows the property tax exempt status. The defining point is the endeavor of the entity. In this case, just as with Tri-State Christian TV, the issue is, are the entity’s endeavors religious in nature. Tri-State Christian TV (WTCT) is a non-Adventist television ministry that organized as a GNFP and was granted property tax exempt status by the Sate of Illinois (WTCT is a comparable entity). The trial court would not allow 3ABN to enter into evidence information about Tri-State and thwarted efforts by 3ABN attorneys to gather additional information about Tri-State by quashing a subpoena to depose the president of WTCT. The allowance of this evidence would have made it unquestionably clear that there was a double standard applied to 3ABN by the State of Illinois. The trial judge couched her decision by claiming that this was addressing a “constitutional challenge” and this trial was not the proper "forum" for this evidence. Additionally, she supported her decision by citing case law that stands for the opposite of the way in which she used it.

The trial judge, in her decision makes the following statements in regards to the question of what is 3ABN’s primary purpose.

“ 3ABN has not established that it has officers deeply involved in religious teaching that serve to accomplish the promotion of Christian education.”

“[nor] is there any indication in the record that Danny Shelton is traveling to advocate the Seventh-day Adventist doctrine or faith.”

“the evidence shows that 3ABN directly engaged in little or no specific religious activity and use the property in question for no such purpose”

The central part of the judge’s decision (that 3ABN was not a religious ministry) was that 3ABN’s programming and operation were not religious in nature and did not support the religious endeavors of the Seventh-day Adventist Church. She cited that the programming contained health, gardening, cooking, music programs, family, and health and lifestyle topics, claiming these were not religious in nature. Her argument was that 3ABN was “advocating a way of life, but it was a lifestyle that applicants favor, not a religion.”

According to Illinois law, to qualify under law for the property tax exemption two questions have to be satisfied:

1. Does the entity have primarily religious or charitable purposes?
2. Is the property used for the religious purposes of the entity?

In essence the trial judge ignored and in some cases refused to hear, evidence and testimony that established 3ABN as an entity whose primary purpose was religious, and that its property was used to achieve such ends. Her decision flies the face of Illinois law.

This is merely a snapshot of the case, but it is the core of the case. It is obvious that what the trial judge was focusing on has nothing to do with many of the financial issues that much of the material presented here (BSDA) has identified as being the reason(s) for the case between 3ABN and the Sate of Illinois. The case is about whether or not the local government, on behalf of the school district, can collect taxes on the 3ABN property. And, as stated before, this has far reaching ramifications for all GNFPs that are primarily religious or charitable in the endeavors.

- fhb

This post has been edited by fallible humanbeing: Nov 27 2006, 02:57 PM

[Panama_Pete]

PP,

Okay, this is in fact the primary issue here. Thompsonville Community High School District No. 112, Thompsonville School District No. 62, Franklin County Board of Review, and The Department of Revenue of the State of Illinois are attempting to establish precedent with this case. If they are successful all entities that have organized as GNFP can come under review for past and future property tax collection. This case is entirely about property taxes and the windfall that some local entity, such as the school district, may incur by stripping GNFPs like 3ABN and Moody Bible Institute of their tax-exempt status.

As you stated, being a GNFP neither insures nor disallows the property tax exempt status. The defining point is the endeavor of the entity. In this case, just as with Tri-State Christian TV, the issue is, are the entity’s endeavors religious in nature. Tri-State Christian TV (WTCT) is a non-Adventist television ministry that organized as a GNFP and was granted property tax exempt status by the Sate of Illinois (WTCT is a comparable entity). The trial court would not allow 3ABN to enter into evidence information about Tri-State and thwarted efforts by 3ABN attorneys to gather additional information about Tri-State by quashing a subpoena to depose the president of WTCT. The allowance of this evidence would have made it unquestionably clear that there was a double standard applied to 3ABN by the State of Illinois. The trial judge couched her decision by claiming that this was addressing a “constitutional challenge” and this trial was not the proper "forum" for this evidence. Additionally, she supported her decision by citing case law that stands for the opposite of the way in which she used it.

The trial judge, in her decision makes the following statements in regards to the question of what is 3ABN’s primary purpose.

“ 3ABN has not established that it has officers deeply involved in religious teaching that serve to accomplish the promotion of Christian education.”

“[nor] is there any indication in the record that Danny Shelton is traveling to advocate the Seventh-day Adventist doctrine or faith.”

“the evidence shows that 3ABN directly engaged in little or no specific religious activity and use the property in question for no such purpose”

The central part of the judge’s decision (that 3ABN was not a religious ministry) was that 3ABN’s programming and operation were not religious in nature and did not support the religious endeavors of the Seventh-day Adventist Church. She cited that the programming contained health, gardening, cooking, music programs, family, and health and lifestyle topics, claiming these were not religious in nature. Her argument was that 3ABN was “advocating a way of life, but it was a lifestyle that applicants favor, not a religion.”

According to Illinois law, to qualify under law for the property tax exemption two questions have to be satisfied:

1. Does the entity have primarily religious or charitable purposes?
2. Is the property used for the religious purposes of the entity?

In essence the trial judge ignored and in some cases refused to hear, evidence and testimony that established 3ABN as an entity whose primary purpose was religious, and that its property was used to achieve such ends. Her decision flies the face of Illinois law.

This is merely a snapshot of the case, but it is the core of the case. It is obvious that what the trial judge was focusing on has nothing to do with many of the financial issues that much of the material presented here (BSDA) has identified as being the reason(s) for the case between 3ABN and the Sate of Illinois. The case is about whether or not the local government, on behalf of the school district, can collect taxes on the 3ABN property. And, as stated before, this has far reaching ramifications for all GNFPs that are primarily religious or charitable in the endeavors.

- fhb

[Panama_Pete]

PP,

As you stated, being a GNFP neither insures nor disallows the property tax exempt status. The defining point is the endeavor of the entity. In this case, just as with Tri-State Christian TV, the issue is, are the entity’s endeavors religious in nature.


- fhb

Isn't it true that TCT Television in Marion could have volunteered testimony, even without a subpoena? If Garth Coonce, the president of TCT, felt his future tax exemption was in jeopardy, why would he want to avoid speaking up?

Is there enough bad blood between these two Christian broadcasting gentlemen, Garth Coonce and Danny Shelton, that a subpoena was actually needed? Just asking.

I understand that TCT is the older of the two local broadcasting organizations and that TCT had a dream to operate a Christian Television station that would reach the world, and that 3ABN came along a bit later with a similar vision.

This post has been edited by Panama_Pete: Nov 27 2006, 04:45 PM