In Matter of DeAngelo v. Commissioner of Labor , Barbara DeAngelo was president and sole shareholder of a corporation engaged in the business of supplying and stocking vending machines.
When DeAngelo applied for unemployment benefits, the Unemployment Insurance Appeal Board found her ineligible since she wasn't totally unemployed.
During the relevant period, DeAngelo prepared the company's tax return, filed for dissolution, wrote checks for equipment repairs, and paid state franchise taxes. The company also maintained a post office box, had ten vending machines in use, and a checking account with a balance.
Because DeAngelo was still engaged in business activities, the Appellate Division, Third Department affirmed the outcome on appeal. Contrary to DeAngelo's contention, whether or not there was "actual financial gain" wasn't a dispositive consideration.
Obviously, the AD3 wasn't buying.
For a copy of the Appellate Division's decision, please use this link: Matter of DeAngelo v. Commissioner of Labor