United States Tax Court August 6, 1945, Docket No. 4372 (Kohtz Family Trust v. Commissioner)

lead-opinion

OPINION.

ARundedl, Judge:

This is another of the numerous cases in which the taxpayer contends that a given legal instrument establishes multiple trusts and the Commissioner argues that it creates but one. In this, as in the others, the ultimate question is what the intention of the settlor was. The rule of law is simple, but the difficulty lies in its application.