This proceeding under article 78 of the Civil Practice Act seeks a review of the final determination of the State Tax Commission imposing, under article 16-A of the Tax Law, assessments of unincorporated business taxes against the petitioner for the years 1950, 1951 and 1952. Section 386 of the Tax Law defines the words “ unincorporated business ” and specifically excludes “ the practice of law, Medicine, dentistry, architecture which under existing law cannot be conducted under corporate structure, and any other case in which more than eighty per centum of the gross income is derived from the personal services actually rendered by the individual 6 6 ” in the practice of any other profession in which capital is not a material income producing factor.” It is conceded in this ease that capital is not a material factor to petitioner’s income and more than 80% of his income is derived from his own personal services. The only issue is whether he is engaged in the practice of a “ profession ”, and
