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MATTER OF VOORHEES v. BATES

308 N.Y. 184 (1954)

In the Matter of Donald D. Voorhees, Appellant, v. Spencer E. Bates et al., Constituting The State Tax Commission, Respondents.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Paul D. O'Brien and Arthur F. Driscoll for appellant.

Eugene Victor for American Federation of Musicians, Local 802, A. F. of L., amicus curiæ, in support of appellant's position.

Nathaniel L. Goldstein, Attorney-General (Lawrence H. Wagner, Wendell P. Brown, John C. Crary, Jr., and Robert W. Bush of counsel), for respondents.

CONWAY, DESMOND and VAN VOORHIS, JJ., concur with FROESSEL, J.; DYE, J., dissents in an opinion in which LEWIS, Ch. J., and FULD, J., concur.

FROESSEL, J.

Appellant, Donald D. Voorhees, is an orchestral conductor or musical director who, during 1941, the year in question, rehearsed and conducted the orchestras used on the weekly broadcasts of American Telephone and Telegraph's radio program "The Telephone Hour" and of DuPont's "Cavalcade of America". The State Tax Commission has determined that, in performing his services for these two broadcasts, Voorhees...

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