MATTER OF SLOTE v. TULLY


86 A.D.2d 704 (1982)

In the Matter of James R. Slote, Petitioner, v. James H. Tully, Jr., et al., Constituting The State Tax Commission, Respondents

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

January 14, 1982


This transferred article 78 proceeding raises the issue concerning petitioner's employment status with the Mutual Benefit Life Insurance Company. Petitioner began working as a soliciting agent for Mutual Benefit in 1953. In 1969, petitioner incorporated and sold both insurance and tax shelters under the corporate identity. While commissions and other earnings generated from new sales after January 1, 1969 were assigned to the corporation, petitioner continued to report renewal...

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