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ROMANO v. WEISS

No. 86-297.

26 Mass. App. Ct. 162 (1988)

524 N.E.2d 1381

HUGH ROMANO & others vs. DUDLEY A. WEISS & another.

Appeals Court of Massachusetts, Suffolk.

July 1, 1988.

Attorney(s) appearing for the Case

John J. Jennings for the plaintiffs.

Erik Lund for the defendants.

Present: ARMSTRONG, CUTTER, & FINE, JJ.

ARMSTRONG, J.

The plaintiffs Hugh and Mary Romano were the principal shareholders3 of Fidelity Press, Inc., a corporation which had been taxed since 1958 as an electing small business, or subchapter S, corporation. See 26 U.S.C. §§ 1371 et seq. (1970).4 The distinguishing feature of such a corporation is that corporate earnings (or losses) pass through...

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