2006 New York Code - Insubstantial Allocations Not Required



 
  § 11-A-4.8 Insubstantial allocations not required
    If  a  trustee  determines  that  an  allocation between principal and
  income  required  by  11-A-4.9,  11-A-4.10,  11-A-4.11,  11-A-4.12,   or
  11-A-4.15  is  insubstantial, the trustee may allocate the entire amount
  to principal unless one of the circumstances described  in  subparagraph
  11-2.3  (b)(5) applies to the allocation. This power may be exercised by
  a cotrustee in the circumstances described in subparagraph 11-2.3 (b)(5)
  and may be released for the reasons and in the manner described in  that
  section. An allocation is presumed to be insubstantial if:
    (1) the amount of the allocation would increase or decrease net income
  in  an  accounting  period, as determined before the allocation, by less
  than ten percent; or
    (2) the value of  the  asset  producing  the  receipt  for  which  the
  allocation  would be made is less than ten percent of the total value of
  the trust's assets at the beginning of the accounting period.

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