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First Circuit Holds Sun Capital Private Equity Funds Not Liable for Withdrawal Liability of Portfolio Company
Thomson Reuters Practical Law 
Nov. 27, 2019 "Specifically, the First Circuit held that: [1] Under the partnership test in Luna v. Commissioner, the two funds did not create an implied partnership-in-fact that constituted a control group ... [2] Congress did not firmly indicate an intent to impose withdrawal liability in this situation.... [The decision focused] on the issue of common control. The First Circuit did not address any other issue, such as the trade or business issue." [Teets v. Great-West Life & Annuity Ins. Co., No. 18-1019 (10th Cir. Mar. 27, 2019; cert. denied Nov. 25, 2019)] MORE >> |
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