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MATTER OF HUGHES v. MURPHY

21 A.D.2d 134 (1964)

In the Matter of Elmer C. Hughes, Appellant, v. Joseph H. Murphy et al., Constituting The State Tax Commission of the State of New York, Respondents

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

May 6, 1964.

Attorney(s) appearing for the Case

Carroll, Williams, Rulison, Conan & Ryan (Daniel C. Williams of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Edwin R. Oberwager of counsel), for respondents.

GIBSON, P. J., HERLIHY, TAYLOR and AULISI, JJ., concur.

REYNOLDS, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the State Tax Commission which sustained an assessment against petitioner for unincorporated business taxes for the years 1953, 1956 and 1957. The sole question presented is whether petitioner is entitled to exemption from taxes imposed under article 16-A of the Tax Law on the ground that he is practicing...

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