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Matter of Otis v. Graves

Appellate Division of the Supreme Court of New York, Third Department
May 28, 1940
259 App. Div. 957 (N.Y. App. Div. 1940)

Opinion

May 28, 1940.

Present — Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ.


Proceeding pursuant to the provisions of article 78 of the Civil Practice Act and the applicable provisions of the Tax Law (§§ 199, 375) to review a determination of the State Tax Commission which affirmed an assessment of unincorporated business tax under article 16-A of the Tax Law for the year 1937. The sole question presented is whether petitioners, engaged in the activity of insurance brokerage, practiced a profession within the meaning of section 386 Tax of the Tax Law and hence are exempt from the unincorporated business tax. The respondents, State Tax Commission, found that the petitioners were subject to the unincorporated business tax and assessed a tax accordingly. The determination of the State Tax Commission should be confirmed. ( Matter of Recht v. Graves, 257 App. Div. 889; People ex rel. Tower v. State Tax Commission, 282 N.Y. 407.) Determination of the State Tax Commission unanimously confirmed, with fifty dollars costs and disbursements.


Summaries of

Matter of Otis v. Graves

Appellate Division of the Supreme Court of New York, Third Department
May 28, 1940
259 App. Div. 957 (N.Y. App. Div. 1940)
Case details for

Matter of Otis v. Graves

Case Details

Full title:In the Matter of the Application of COURTLANDT OTIS and Others…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 28, 1940

Citations

259 App. Div. 957 (N.Y. App. Div. 1940)

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