In re Teague

The principal question for determination is whether petitioner’s gross income for the years 1935-1937, inclusive, was to the extent of more than eighty per cent derived from personal services actually rendered by him in the practice of a profession in which capital was not a material income-producing factor.

Petitioner asserts that for the years in question he was engaged in the practice of a profession within the meaning of section 386 of the Tax Law and that, consequently, he is exempt from the unincorporated business tax.

Originally the word “ profession ” was limited to the three learned…