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Updated 1/10/2013
2011 Form 990

Updated 6/22/2011
3ABN sued
over Tommy!

Added 3/14/2010
Can 3ABN Survive?

Added 11/16/2010
Judge Rejects
Plea Deal

Updated 4/2/2010
Tommy Shelton
Arrested!

Must Read:
Mom in Pain #1

Mene, Mene,
Tekel, Parsin

The Actual Lawsuit
IRS Criminal Investigation

3ABN's Property Tax Case Appeal

Opening Brief of Appellant 3ABN

Part Two

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Typographical errors may actually be copied from the original.

Consider the emphatic statement below that "none of the programming Three Angels creates is copyrighted." Why then does the lawsuit claim that Save3ABN.com "contains an unauthorized embedded copy of a copyrighted 3ABN broadcast"?

Also of interest in this part is the admission by 3ABN that the "Three Angels" portion of 3ABN's name refers to "the three angels' messages [which] relate to unique and central doctrines of the Adventist church." Why then does the lawsuit claim that 3ABN is preaching a unique, non-denominational message? Further, 3ABN below claims that the "Three Angels board has voted that all programming of Three Angels is to reflect the 27 fundamental beliefs of the Seventh-day Adventist Church." Non-denominational message?

And then there are the statements that say:

  • "Three Angels has a formal agreement with the Seventh-day Adventist Church."
  • "Three Angels agrees ... to encourage membership in the church."
  • "70% to 80% of Three Angels' programming is made by or features employees, largely pastors, of the Seventh-day Adventist church."
  • "Three Angels has also provided the Adventist Church with a significant amount of free programming."
  • "Three Angels allowed its headquarters' property to be used for no charge by the Illinois Conference as a camp-meeting headquarters."
  • "It also provides, similarly at no charge, property on which the conference runs and operates a church and a school."
  • "Three Angels also financially funds and supports a full-time Seventh-day Adventist evangelist through the Illinois Conference."

And yet the lawsuit claims that 3ABN is not affiliated with any church, denomination, or organization!

Part Two of 3ABN's Appellant Brief

1.   Undisputed Factual Background

A.  Three Angels Structure and Organization

Three Angels Broadcasting Network, Inc. was incorporated under the General Not For Profit Corporation Act of the State of Illinois on March 1, 1985 for purposes that are "exclusively religious, charitable or educational within the meaning of Section 501(c)(3) of the Internal Revenue Code." Barbara Rowe's Recommendation for Disposition of January 28, 2004, at p. 5 (hereafter referred to as "RD #"). Among its specific purposes, Three Angels was to "plan, promote, produce and direct . . . all types of religious programming" for television and radio, to buy and sell television and radio equipment to further this purpose, and to promote and produce "recorded music and video" programs to further the religious mission of the organization. RD 5.

Further, the Articles of Incorporation and Bylaws require that, upon dissolution, the assets of the organization must go to a similar, not-for-profit, charitable organization. Trial Transcript 54-60 (hereafter "TT#"); Order Purs. Applicant's Pet. Rehear p. 2 (hereafter "OPR #").1 The directors and officers of Three Angels broadcasting were, and are, members, leaders and elders of the Seventh-day Adventist church. RD 7, fn 2; TT 92-96. The board meets regularly several times a year to oversee and guide the work of Three Angels and to approve its



1 There was some confusion on this point in the judge's initial opinion caused by an incomplete set of bylaws inadvertently submitted at trial. RD par. 3, fn. 3. This caused the judge to initially rule that Three Angels' by-laws lacked the important dissolution language. RD 30. But when the error in the by-laws exhibits was brought to the judge's attention in a motion for reconsideration, she ruled that the complete set of bylaws would be accepted as part of the record, and she acknowledged that they did contain the appropriate dissolution clause language. OPR 2.


[page 5]

budget and strategic planning. RD 7 par. 9-10, fn. 2; TT 95. The board members are not paid for their services, and neither are they reimbursed for their travel expenses to board meetings. TT 500-501.


B.  The Three Angels' Properties and Their Religious Uses.

The planning, organizing, support, and most of the production of the religious programs described below took place at Three Angels headquarter facilities at issue in this action. TT 103. Three Angels acquired the 5 acre parcel at issue in 1991, and during the relevant time period, had three buildings on it. RD par. 3. The first building is a three-story administrative offices/filming/production center that contains about 30,000 square feet. This building contains two studios where Three Angels films its programs, and a production area. RD par. 4. This building also houses the administrative areas for finance, engineering, as well as Three Angels management. Id. It also contains two pastoral care offices, offices for the president and vice-president, and also an area where the graphics, maintenance, and computer department are located. RD. par. 4. The first building also contains the 10,800 square foot BOS Auditorium, where a number of evangelistic meetings were held.. RD. par. 3.

The second building is a maintenance/carpenters shop of about 2,400 square feet, where the maintenance materials required in the upkeep of the studios, offices, as well as the construction of television sets is handled. RD. par. 3, 6. The final building is the 7,000 square foot call center, where Three Angels stores the books, videos, CDs and other materials that it gives away and otherwise distributes. RD. par. 3, 5. It is also at the call center that Three Angels responds to the calls that come in inquiring about Three Angels' books, videos and other materials. Id.

[page 6]

The major amount of Three Angels programming originates from the above properties, most notably the studios and production center. It is there that the programming is filmed, edited, produced, and made ready for broadcast. TT 84-87. The President and Vice-President of Three Angels had a daily religious program filmed at the studios entitled Three ABN Presents. This program consists of scripture reading, prayer, devotional thoughts, and interviews with religious leaders and missionaries from around the world. RD par. 26; TT 85-86, 130.

Other ministry programs are filmed in the same studios, including Christian lifestyle programs that highlight Children's Bible programs, Bible reading sessions, health and nutrition segments, and cooking classes based on Bible-based vegetarian diet. RD par. 26-27; TT 86. None of the programming Three Angels creates is copyrighted, and viewers are encouraged to copy the programs to share as a witnessing tool with friends. TT 574.

C.  Three Angels Promotion of Seventh-day Adventist Gospel Beliefs.

The Three Angels board has voted that all programming of Three Angels is to reflect the 27 fundamental beliefs of the Seventh-day Adventist Church. TT 598. The very name of the organization, "Three Angels," has a special meaning for Seventh-day Adventists. It is based on the three angels discussed in Revelation 14:6-12, that herald the "everlasting gospel" to "every nation, tribe, tongue and people." TT 47. The three angels' messages relate to unique and central doctrines of the Adventist church, such as the Sabbath, the final judgment, and the second coming of Jesus Christ. TT 48. This message also includes the need to take care of our bodies and health as directed by our Creator, Jesus Christ, as the body, mind and spirit are closely linked. TT 71-72.

[page 7]

The Three Angels ministry spreads this message through preaching, Bible teaching, and gospel music and singing that it airs on various satellite, broadcast and cable television stations, as well as satellite radio stations, in America and throughout the world. RD 13-14; TT 70, 73-76. The leadership of Three Angels, along with a filming crew, traveled between twenty and thirty weekends a year to hold Three Angels' praise, prayer and gospel preaching rallies at Seventh-day Adventist churches in America and overseas. RD 10, 34; TT 131-132. Three Angels also has a number of overseas gospel workers that it directly supports in missionary media work in Russia and the Philippines. Three Angels also paid for and continues to support religious broadcast centers in these locations. RD 8 par. 15; TT 134-135.

D.  Three Angels Cooperation with the Seventh-day Adventist Church

Three Angels has a formal agreement with the Seventh-day Adventist Church to cooperate together to advance the ministry and missionary work of the Church. RD 19-20; TT 97. In the "Joint Declaration of Commitment," Three Angels agrees to work with the church "in the proclamation of the everlasting gospel to the entire world," to proclaim the "gospel in its purity," and to encourage "membership in the church." RD 19 par. 66.

Three Angels works closely with ministries of the church to support and promote its missionary projects. TT 108-110. These organizations include Global Missions, for which Three Angels produced 20 or 30 programs a year that focused on overseas mission projects, such as building churches, orphanages, or religious schools. RD 12 par. 40; TT 108-109. Three Angels produces and/or airs programs for the Church's evangelistic, preaching programs of the Quite Hour, Voice of Prophecy, and Amazing Facts. RD 15 par. 55; TT 109-110.

[page 8]

Indeed, from 70% to 80% of Three Angels' programming is made by or features employees, largely pastors, of the Seventh-day Adventist church. TT 112. These church programs do contribute to the expense of producing and/or broadcasting the programs. But Three Angels sets the base rate at only $1,200 per hour, which is well below commercial market rates, and is below the actual cost of that hour to Three Angels. RD 15 par. 54; TT 160-161.

E.  Three Angels Provision of Free or Reduced Fee Programming and Airtime.

Three Angels often adjusts its airtime rates downward, based on a particular ministry's ability to pay. TT 161-162. A review of the rates charged and hours given shows that many ministries were charged less than $1,000 per hour, and that some were charged around $500 per hour. RD par. 55, 57. The only other evidence in the record of airtime charges were those of CNN, which range from $2,800 to $24,000 per minute. TT 160-161.

Three Angels has also provided the Adventist Church with a significant amount of free programming during the years under consideration. Three Angels produced and broadcast the General Conference Session of Seventh-day Adventists held in Toronto, Canada, in the summer of 2000. RD par. 39; TT 105, 107. This international church business meeting lasted two full weeks, and Three Angels covered it at no charge to the church. TT 108. Three Angels also broadcast a number of worldwide evangelistic meetings for the church, known as "Net Series." RD 38. These gospel preaching presentations went for five nights a week for about a month. RD 37; TT 101-103, 106. Once again, Three Angels did not charge the church for these Net Series, two of which occurred in the year 2000. TT 105-106, 108, 556-557.

[page 9]

Three Angels also supported its local church conference, the Illinois Conference of Seventh-day Adventists, by providing down-link services for the church's town-hall meetings at 80 sites throughout the state of Illinois. TT 552-553. Three Angels charged the church only for the cost of special equipment that Three Angels had to rent to broadcast the meetings. TT 554.

Three Angels allowed its headquarters' property to be used for no charge by the Illinois Conference as a camp-meeting headquarters on a yearly basis. 557-558. It also provides, similarly at no charge, property on which the conference runs and operates a church and a school. TT 558-559. Three Angels also financially funds and supports a full-time Seventh-day Adventist evangelist through the Illinois Conference. 559-561.

F.  The Religious Content of Three Angels Programming.

All the programming created and/or aired over the Three Angels network is screened to ensure that it supports and is consistent with the fundamental beliefs of the Seventh-day Adventist Church. TT 598-599. This screening is carried out by various persons, including the on-site staff of four Seventh-day Adventist ministers who are very familiar with the teachings and beliefs of the Adventist Church. RD par. 74; TT 598. These pastors also pray and counsel with viewers who call in on the ministry's prayer hotline. Id. These pastors also conduct religious services and worship at the headquarters facility for Three Angels employees, as well as at the local Adventist church and school. TT 533-34.

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