of Texas. The statutedoes not attempt to definenor limit the meaningof said phrase or term, and since the act does not define it, it must be given the meaning ordinarily attributedto the phrase. . .
Hon. Homar L. Moss, February18, 1939,Page 3 0-W
Profit is usuallyregardedas "the gain made on any businessor investment when both the receiptsand the paymantsare takan into consideration." 6 Words & Phrases,First Series,p. 5659. I direct your attentionto the case of HoustonPelt & TerminalRailway Companyvs. Clarke,122 S. W. (2d) 356,which amply definesand discussesthe word *profit". From the decis+m in the above case, togetherwith the definitionabove stated from Words & Phrases,we are of the opinionand you are accordinglyadvisedthat the skatingrink in questionis being operatedfor profit.
Next we will discussthe questionof whether the school is engagingin the "occupation"of operatinga skatingrink. In discussingthis phase of the question,wense principallythreesoningand languageas submittedin your brief, whichis to the ,effecCthat the school,as set out in your inquiry,is not principallyin the businessof operatinga skatingrink, yet such an institution,it seems could pursue a taxable occupationas an auxiliarymeans of obtsiniagrevenue. In other words, if the recreationoperatedin this instanceis otherwisetaxable,I:. hardlybelievethat the fact that theinstitutionis operatedfor educationalpurposeswould constitutean exemption.For example, the operatingof a campusstore, or the operationof a public theaterto which the generalpublicwould be invited,would be engagingin an occupationother than that of the operationof a publicschool.
It is, therefore,the opinionof this D&rtment,~and you are accordingly advisedthat the school,in conductingl&e operationof a &sting rink, is so engaged in that operation,dnd inasmuchas we have held in this opinionthat the operationis for profit,the school in such operation would be subjectto the paymentof 8n occupationtax, as is providedin Article 7047,Sec. 34.
In answerto questionBo.*2, we are of the opinion,and you are so advised,that a rural high school operatinga weekly pictureshow, and chargingan admission,would be subjectto the paymentof an occupationtax for the same reason as stated in answer to question . No. 1.
In answer to questionNo. 3, we wi$htodirect your attentionto certain facts in your letterwith referenceto the farmersholding themselves out as auctioneerswhich reads, in part ss follows:
%e have one or more men in the countywho are principally farmers,but hold themselvesout as auctioneersin that they cry sales of farm outfitsin differentparts of the county during the early part of each year, * * * c .
Hon. Homer L. Moss, February18, 1939,Page 4 0-190
You will note from the above facts that the personsare holding themselves out as auctioneers.as a part of their means of livelihood,and as such would obviouslybe preparedto engage in that occupationwheneverthe opportunityshouldrequire,depending,however,upon the amount of auctioningto be done in the county. You will note further in your letterfactswith referenceto the auctioneersreceivingprofit, ,pertinent portionsof your letterbeing as follows:
"These local auctioneerschargea small profitbut engage in the cryingof perhapsa dozen or less sales per year."
It is clear from the above facts that these auctioneersreceiveprofits from the auctioning,thisbeing one of the essentialelementsof an occupation,.We directyour attentionto the case of Tarde vs. Benseman, 31Tex. Rep. 282, in which the court,in discussingthe term "Occupation" had the followingto say:
what is,an