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MTR. OF ARGIRO v. GALLMAN

46 A.D.2d 397 (1975)

In the Matter of Nicholas T. Argiro, 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.

January 9, 1975.

Attorney(s) appearing for the Case

Dornbush, Mensch, Mandelstam & Schwartz (Fredric J. Gruder and Gary A. Goodman of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Thomas P. Zolezzi and Ruth Kessler Toch of counsel), for respondents.

GREENBLOTT, SWEENEY, KANE and MAIN, JJ., concur.

HERLIHY, P. J.

The petitioner is engaged in the occupation of industrial designer and for the years 1961, 1962, and 1963 he specialized in the design of toys for appropriate clients having an interest in the production and sale of toys. The petitioner maintains that he should be exempt from the tax assessment because he is a member of a profession within the purview of subdivision (c) of section 703 of the Tax...

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