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COMMERCIAL BANK AT WINTER PARK v. UNITED STATES

No. 71-2121 Summary Calendar.

450 F.2d 330 (1971)

The COMMERCIAL BANK AT WINTER PARK, Trustee under Charles W. Clayton, Jr.'s Children Trust Agreement, a/k/a Charles W. Clayton, Jr. Children's Trust Agreement, and the Commercial Bank at Winter Park, Trustee under W. Malcolm Clayton Children's Trust Agreement, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 12, 1971.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Orlando, Fla., Donald B. Craven, Meyer Rothwacks, Attys., Tax Div., Dept. of Justice, Washington, D. C., Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., Fred B. Ugast, Acting Asst. Atty. Gen., Meyer Rothwacks, Elmer J. Kelsey, William M. Brown, Attys., Dept. of Justice, Tax Div., Washington, D. C., for defendant-appellant.

Stephen T. Dean, Lawrence M. Watson, Jr., Charles H. Egerton, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P. A., Orlando, Fla., for plaintiffs-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge :

The sole issue in this tax appeal is whether two virtually identical trust instruments created six and four trusts, respectively, or only two trusts with multiple beneficiaries as the Government contends. The district court held that the instruments created multiple trusts and granted the taxpayers' motion for summary judgment. We affirm.

Whether a trust instrument creates one, or more than one, trust depends upon the intention of the...

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