In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, the First Circuit Court of Appeals held that an investment fund managed by private equity firm Sun Capital Advisors, Inc. was a "trade or business" rather than a passive investor with respect to one of Sun Capital's portfolio companies.
http://www.jdsupra.com/legalnews/private-equity-fund-may-be-liable-for-po-94366/
http://www.jdsupra.com/legalnews/private-equity-fund-may-be-liable-for-po-94366/
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