Appellate Division of the Supreme Court of New York, 1945

Dewey v. Browne

Dewey v. Browne
Appellate Division of the Supreme Court of New York · Decided June 29, 1945
269 A.D. 887; 56 N.Y.S.2d 255; 1945 N.Y. App. Div. LEXIS 4327
Dewey v. Browne

Opinion of the Court

— This is a proceeding under article 78 of the Civil Practice Act to review a determination of the State Tax Commission imposing assessments of the unincorporated business tax against petitioner for the years 1940-1941. Petitioner is engaged in the business of a consultant. The services which he engages to perform are described by him as “ Consultant on Investments (A Professional Service) ”. Petitioner offers to sell his experience in an endeavor to advise people on making successful investments. He argues that in this pursuit he uses a knowledge of economics, statistics, accounting and engineering and that his work therefore falls into that of a profession. The State Tax Commission determined that petitioner is not entitled to have accorded to him a professional status. The evidence sustains the determination. Determination confirmed, with $50 costs and disbursements. All concur.

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