UNITED STATES of America and Melvin Blough, Internal Revenue Agent, Internal

                          Revenue Service, Petitioners,

                                       v.

  CHURCH OF SCIENTOLOGY FLAG SERVICE ORG., INC., and Mary Story, Secretary and

                             Director, Respondents.

                             No. 89-488-MISC-T-15C.

           United States District Court, M.D. Florida, Tampa Division.

                                 Dec. 15, 1989.

                                      ORDER



  CASTAGNA, District Judge:

  *1 This is a petition brought by the Internal Revenue Service to enforce a

 tax examination summons directed against the Church of Scientology Flag Service

 Org., Inc., and Mary Story, the Church's Secretary and Director.  The Court has

 duly considered the issues presented by the parties, and has determined that

 this matter may be considerably streamlined by settling the several issues of

 law over which the parties sharply disagree.  The arguments presented by the

 lengthy memoranda in the court file may be organized into six categories of

 dispute, and the Court will address each in turn.

  I. Inquiry Notice

  Under the Church Audit Procedures Act, I.R.C. s 7611 (1988), the IRS may

 begin a tax inquiry of a church only after it has complied with the requirement

 of inquiry notice.  Inquiry notice is written notice to the church of the

 beginning of the tax inquiry, and must include an explanation of the concerns

 which gave rise to the inquiry, the general subject matter of the inquiry, and

 the applicable law.  I.R.C. s 7611(a)(3) (1988).  Respondents contend that

 the inquiry notice sent in this case failed to adequately explain, in

 sufficient detail, the subject matter of the inquiry or the concerns giving

 rise to the inquiry.  Respondents also argue that the notice itself must

 demonstrate that the Service has before it evidence sufficient to support a

 reasonable belief that the church may not be exempt.

  The church tax inquiry letter sent to the Church, a copy of which is in the

 record, complies fully with the requirements of the Code.  The letter indicates

 that the Service believes that the Church of Scientology Flag Service Org.,

 Inc., may not be a tax exempt entity under I.R.C. s 501(c)(3) because of the

 Church's substantially commercial purpose and because it may be operated for

 the personal inurement of private parties.  The letter thus sufficiently

 apprises the Church of the subject matter of the inquiry and the reasons

 therefore.  The subject matter of the inquiry is clearly stated to be to

 determine whether the Church is not tax exempt, and two possible grounds for

 nonexemption are given.

  The notice sent also adequately apprises Respondents of the concerns giving

 rise to the inquiry.  Respondents are informed by the inquiry that the Service

 has information that the Church is party to various agreements regarding

 certain trademarks, copyrights, patents, and trade names;  and that these

 agreements require the Church to operate in a manner inconsistent with exempt

 status.  The inquiry notice further allows that the Service has information

 supporting a reasonable belief that the Church is operated for a substantial

 nonexempt purpose, and that it is operated for the personal inurement of

 private persons.  The notice makes reference to other Court cases as being part

 of the information from which the Service's beliefs are derived.  The inquiry

 notice fully complies with the requirements of the Code.

  II. Reasonable Belief

  Respondents desire that this Court reexamine the reasonableness of the

 Service's determination that the Church may not be exempt.  The Code clearly

 provides to the contrary.  I.R.C. s 7611(e)(1)(2) allows a church to

 litigate only the Service's noncompliance with the notice requirement, the

 conference requirement (discussed below) or the approval requirement (which

 does not apply here).  Other than these, "[n]o suit may be maintained, and no

 defense may be raised in any proceeding ... by reason of any noncompliance by

 the Secretary with the requirements of this section."  Id.  As the Code

 unambiguously provides that churches may not challenge the reasonableness of

 the Services belief that a tax examination is appropriate as a defense in any

 proceeding, the Court need not consider this question.

  III. Conference Requirement

  *2 The Service must also offer to have a conference with the church "in

 order to discuss, and attempt to resolve, concerns relating to such

 examination...."  I.R.C. s 7611(b)(3)(A)(iii).  The Service made the

 required offer in the notice of examination sent to the Church after the

 inquiry notice, as mandated by the Code.  Id.  The record also reflects that

 a conference was held.  Respondent's claim that the Service did not participate

 at the conference in good faith, but instead were merely going through the

 motions rather than engaging in a meaningful attempt to resolve their concerns.

  Whether or not Respondent's factual claims are accurate, the Code does not

 impose any good faith or sincerity requirement on the Service.  The Service

 offered a conference.  A conference was held.  The law requires nothing more.

 It is for the Congress, and not the Courts, to impose any further duties on the

 Service regarding the conference requirement.

  IV. Scope of the Summons

  The Service may examine church materials only to the extent necessary to

 determine the Church's tax status.  I.R.C. s 7611(b)(1) (1988).  Absent a

 finding that each of the items sought in the summons is necessary for the

 Service to determine the tax status of the Church, the Court cannot enforce the

 summons.  United States v. Holmes [80-1 USTC P 9328], 614 F.2d 985 (5th

 Cir.1980).  See also, United States v. Church of World Peace [89-2 USTC P

 9428], 878 F.2d 1281 (10th Cir.1989).  The question of whether each of the

 items sought is necessary will be referred to the United States Magistrate for

 resolution.

  V. Discovery By Respondent

  The parties also disagree as to whether the Respondents should be allowed to

 depose various members of the Service in preparation of showing that the

 Service has initiated this tax examination in bad faith as part of a nationwide

 conspiracy to discredit and destroy the Scientology movement.  This question

 will also be referred to the United States Magistrate.

  VI. Constitutional Claims

  Respondent's complain that constitutionally protected free association and the

 Establishment Clause would be violated by requiring the information sought to

 be turned over.  These complaints are without merit.

  If the Service shows that the information sought is necessary to determine the

 Church's tax status, this would constitute a compelling interest sufficient to

 override any competing interest the Church or its members may have in keeping

 such information away from the government.  Respondent's related claim that

 turning over information necessary to determine tax status constitutes

 excessive entanglement has been rejected by the courts.  Holmes, 614 F.2d at

 989-990.

  It is ORDERED:

  1. This cause is referred to the United States Magistrate to resolve whether

 the items sought by the Service are necessary to determine the Church's tax

 status, and whether the Church should be allowed discovery to show that the

 Service is proceeding in bad faith.  All other questions which have been raised

 by the parties are resolved as provided in this Order.

  *3 2. The show cause hearing, scheduled for December 20, 1989, is canceled.