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AMER. D. CORP. v. BUREAU OF EMPLOY. SEC.

1 Pa.Commw. 527 (1971)

American Diversified Corporation v. Bureau of Employment Security, Department of Labor and Industry.

Commonwealth Court of Pennsylvania.

March 24, 1971.

Attorney(s) appearing for the Case

John C. Sullivan, with him Nauman, Smith, Shissler & Hall, for appellant.

James J. Morley, Assistant Attorney General, with him J. Shane Creamer, Attorney General, for appellee.

Argued January 12, 1971, before Judges CRUMLISH, JR., WILKINSON, JR., and MANDERINO, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, March 24, 1971:

The issue presented for decision in this case is whether appellant must pay unemployment compensation tax based upon commissions paid certain salesmen. While admitting that the salesmen were "employees" and the commissions were "wages," as defined in the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. 2897, 43 P.S. 751, the appellant claims to be free from the tax under either one or both of...

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