Section 16360 Of Article 5.3. Allocation Of Receipts During Administration Of Trust: Receipts Normally Apportioned From California Probate Code >> Division 9. >> Part 4. >> Chapter 3. >> Article 5.3.
16360
. (a) If a trustee determines that an allocation between
principal and income required by Section 16361, 16362, 16363, 16364,
or 16367 is insubstantial, the trustee may allocate the entire amount
to principal unless one of the circumstances described in
subdivision (b) of Section 16336 applies to the allocation. This
power may be exercised by a cotrustee in the circumstances described
in subdivision (c) of Section 16336 and may be released for the
reasons and in the manner provided in subdivisions (d) and (e) of
Section 16336.
(b) An allocation is presumed to be insubstantial in either of the
following cases:
(1) Where the amount of the allocation would increase or decrease
net income in an accounting period, as determined before the
allocation, by less than 10 percent.
(2) Where the value of the asset producing the receipt for which
the allocation would be made is less than 10 percent of the total
value of the trust's assets at the beginning of the accounting
period.
(c) Nothing in this section imposes a duty on the trustee to make
an allocation under this section, and the trustee is not liable for
failure to make an allocation under this section.