MATTER OF BOWSER v. BATES


279 A.D. 956 (1952)

In the Matter of Sidney W. Bowser, Petitioner, v. Spencer E. Bates et al., Constituting The Tax Commission of the State of New York, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.


Petitioner's occupation is that of an average adjuster of marine losses. He claims exemption from the unincorporated business tax on the ground that he is practicing a profession, and derives more than 80% of his gross income from personal services rendered in the practice thereof. From the record before us we cannot say as a matter of law that the determination of the Tax Commission had no rational basis to support it. Petitioner's occupation may be somewhat unique, but...

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