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socrateaser, Lawyer
Category: Tax
Satisfied Customers: 38910
Experience:  Retired (mostly)
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I am a 56 yr old male who has worked and contributed into the

Customer Question

I am a 56 yr old male who has worked and contributed into the system since I was 16. The last 6 years I was considered an officer of a small business in forming the corporation. We were forced to close the business to avoid bankrupcy. I was on payroll the entire time, collecting a paycheck and contributing to unemployment taxes. Do I have a case for appeal? Thank you
Submitted: 6 years ago.
Category: Tax
Expert:  socrateaser replied 6 years ago.

Corporate officers who exert a "substantial amount of control" over their corporation are deemed self-employed and ineligible for unemployment benefits under Pennsylvania law.


You have two choices, either show that you did not exert substantial control, or actually file bankruptcy for the business, because there is a bankruptcy exception which requires that corporate officers receive unemployment benefits.


I can't say whether or not you can prevail -- but, apparently, whatever evidence you have provided thus far as not convinced the hearings officers. So, you either need a different tack, or you'll have to throw in the towel.


Please don't shoot the messenger. Hope this helps.


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