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Alas, Admen! You’re Not Professionals

In 1970, admakers were not professionals, according to a New York apellate court, which ruled against a team at Scott-Textor Productions that wrote, sang, acted and produced scripts for TV and radio. Scott-Textor had argued that, as professionals, they were exempt from the 4% business tax imposed by the state. But the court determined that ad makers, unlike film and play artist, were not professionals. “The activities of an artist who writes for motion pictures, plays, television or radio are exempt, while the petitioner production of advertising is not. The distinction is obviously premised upon the degree of expertise training and background required for the activity.”

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