Title Insurance & Trust Co. v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

On February 11, 1971, at 10:00 A.M., this case was tried to the Court without a jury. Upon consideration of the evidence introduced by the parties in this proceeding by way of a Stipulation of Agreed Facts, as well as the pleadings and other documents filed in this matter, and upon oral argument by counsel, *618 the Court makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

I

Plaintiff is a corporation duly organized and authorized to operate under the laws of the State of California, having its principal place of business in the County of Los Angeles, in the Central District of California. This Court has jurisdiction and venue of this action for the refund of internal revenue taxes under Title 26 U.S.C. § 7422 , Title 28 U.S. C. §§ 1346(a)(1), 1402(a)(2), and the internal revenue laws of the United States.

II

The plaintiff in this action, Title Insurance and Trust Company, is the named trustee for three separate trusts created on October 17, 1957, which trusts still are in existence as of the date hereof. These irrevocable trusts (hereinafter called Greenspan trusts) were created by Sidney and Helen Greenspan…