MATTER OF BECKER v. GALLMAN


50 A.D.2d 985 (1975)

In the Matter of Ludwig E. Becker, Petitioner, v. Norman F. Gallman et al., Constituting The State Tax Commission, Respondents

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

December 18, 1975


The sole issue on this proceeding is whether or not there is substantial evidence in the record to support the State Tax Commission's finding that petitioner, a salesman, was subject to tax as an unincorporated business during the years 1963, 1964 and 1965. This in turn depends on whether petitioner could be found to be a self-employed entrepreneur, as opposed to an employee, which in turn depends on the degree of control and direction exercised by his principals (Matter...

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