MOURAD v. C.I.R.

No. 03-2367.

387 F.3d 27 (2004)

Alphonse MOURAD, Petitioner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 20, 2004.


Attorney(s) appearing for the Case

Lester E. Riordan III, for appellant.

Teresa E. McLaughlin, with whom Eileen J. O'Connor, Assistant Attorney General, Richard Farber, and Kenneth W. Rosenberg, were on brief for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.


COFFIN, Senior Circuit Judge.

This case requires us to consider whether a company's filing of a bankruptcy petition and the appointment of a trustee automatically terminates the election by its shareholders of "S Corporation" status under the Internal Revenue Code. See 26 U.S.C. § 1361. Specifically at issue is a nearly $200,000 income tax deficiency assessed against appellant Alphonse Mourad stemming from the sale of assets of a corporation of which he...

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