Toor

The above-entitled cause, heretofore tried, argued and submitted, is now decided as follows:

Judgment will be for the defendant that the plaintiff take nothing by his complaint; findings and judgment to be prepared by counsel for the defendant under Local Rule 7.

Comment.

While the hearing in this case resulted in a voluminous record, and extensive briefs have been filed by both sides, the problem is rather simple. It is this: Did the trust agreement entered into by the plaintiff as manager o'f the marital community property with the Beverly Hills National Bank and Trust Company, as Trustee under trust instrument created for the benefit of his two minor children, Bruce Alan Toor and Barbara Lee Toor, Trust Nos. 774 and 775, and the limited partnership of the same date created by agreement between Herbert E. Toor and the bank, entitle the plaintiff to deduct from the income for certain years the income from the two trusts which he set up for his children under Sec. 181 of the Internal Revenue Code, 26 U.S.C.A. § 181 ?

The Commissioner held otherwise and assessed, and the Collector collected, deficiency assessments not limited to the individual income of the plaintiff, but…