PROBATE CODE
SECTION 16350-16352




16350.  (a) For the purposes of this section:
   (1) "Entity" means a corporation, partnership, limited liability
company, regulated investment company, real estate investment trust,
common trust fund, or any other organization in which a trustee has
an interest other than a trust or decedent's estate to which Section
16351 applies, a business or activity to which Section 16352 applies,
or an asset-backed security to which Section 16367 applies.
   (2) "Capital asset" means a capital asset as defined in Section
1221 of the Internal Revenue Code.
   (b) Except as otherwise provided in this section, a trustee shall
allocate to income money received from an entity.
   (c) A trustee shall allocate to principal the following receipts
from an entity:
   (1) Property other than money.
   (2) Money received in one distribution or a series of related
distributions in exchange for part or all of a trust's interest in
the entity.
   (3) Money received in total liquidation of the entity or in
partial liquidation of the entity, as defined in subdivision (d),
except for money received from an entity that is a regulated
investment company or a real estate investment trust if the money
distributed is a net short-term capital gain distribution.
   (4) Money received from an entity that is a regulated investment
company or a real estate investment trust if the money distributed is
a capital gain dividend for federal income tax purposes. A capital
gain dividend shall not include money received as a net short-term
capital gain distribution from a regulated investment company or real
estate investment trust.
   (d) For purposes of paragraph (3) of subdivision (c), money shall
be treated as received in partial liquidation to the extent the
amount received from the distributing entity is attributable to the
proceeds from a sale by the distributing entity, or by the
distributing entity's subsidiary or affiliate, of a capital asset.
The following shall apply to determine whether money is received in
partial liquidation:
   (1) A trustee may rely without investigation on a written
statement made by the distributing entity regarding the receipt.
   (2) A trustee may rely without investigation on other information
actually known by the trustee regarding whether the receipt is
attributable to the proceeds from a sale by the distributing entity,
or by the distributing entity's subsidiary or affiliate, of a capital
asset.
   (3) With regard to each receipt from a distributing entity, if
within 30 days from the date of the receipt the distributing entity
provides no written statement to the trustee that the receipt is a
distribution attributable to the proceeds from a sale of a capital
asset by the distributing entity or by the distributing entity's
subsidiary or affiliate and the trustee has no actual knowledge that
the receipt is a distribution attributable to the proceeds from a
sale of a capital asset by the distributing entity or by the
distributing entity's subsidiary or affiliate, then the following
shall apply:
   (A) The trustee shall have no duty to investigate whether the
receipt from the distributing entity is in partial liquidation of the
entity.
   (B) If, on the date of receipt, the receipt from the distributing
entity is in excess of 10 percent of the value of the trust's
interest in the distributing entity, then the receipt shall be deemed
to be received in partial liquidation of the distributing entity,
and the trustee shall allocate all of the receipt to principal. For
purposes of this subparagraph, the value of the trust's interest in
the distributing entity shall be determined as follows:
   (i) In the case of an interest that is a security regularly traded
on a public exchange or market, the closing price of the security on
the public exchange or market occurring on the last business day
before the date of the receipt.
   (ii) In the case of an interest that is not a security regularly
traded on a public exchange or market, the trust's proportionate
share of the value of the distributing entity as set forth in the
most recent appraisal, if any, actually received by the trustee and
prepared by a professional appraiser with a valuation date within
three years of the date of the receipt. The trustee shall have no
duty to investigate the existence of the appraisal or to obtain an
appraisal nor shall the trustee have any liability for relying upon
an appraisal prepared by a professional appraiser. The term
"professional appraiser" shall refer to an appraiser who has earned
an appraisal designation for valuing the type of property subject to
the appraisal from a recognized professional appraiser organization.
   (iii) If the trust's interest in the distributing entity cannot be
valued under clause (i) or clause (ii), the trust's proportionate
share of the distributing entity's net assets, to be calculated as
gross assets minus liabilities, as shown in the distributing entity's
yearend financial statements immediately preceding the receipt.
   (iv) If the trust's interest in the distributing entity cannot be
valued under clause (i), (ii), or (iii), the federal cost basis of
the trust's interest in the distributing entity on the date
immediately before the date of the receipt.
   (e) If a trustee allocates a receipt to principal in accordance
with subdivision (d), or allocates a receipt to income because the
receipt is not determined to be in partial liquidation under
subdivision (d), the trustee shall not be liable for any claim of
improper allocation of the receipt that is based on information that
was not received or actually known by the trustee as of the date of
allocation.
   (f) (1) Notwithstanding anything to the contrary in subdivision
(d), if the receipt was allocated between December 2, 2004, and July
18, 2005, a trustee shall not be liable for allocating the receipt to
income if the amount received by the trustee, when considered
together with the amount received by all owners, collectively,
exceeded 20 percent of the entity's gross assets, but the amount
received by the trustee did not exceed 20 percent of the entity's
gross assets.
   (2) Money is not received in partial liquidation, nor may it be
taken into account under subdivision (d), to the extent that it does
not exceed the amount of income tax that a trustee or beneficiary is
required to pay on taxable income of the entity that distributes the
money.



16351.  A trustee shall allocate to income an amount received as a
distribution of income from a trust or a decedent's estate (other
than an interest in an investment entity) in which the trust has an
interest other than a purchased interest, and shall allocate to
principal an amount received as a distribution of principal from the
trust or estate.



16352.  (a) If a trustee who conducts a business or other activity
determines that it is in the best interest of all the beneficiaries
to account separately for the business or other activity instead of
accounting for it as part of the trust's general accounting records,
the trustee may maintain separate accounting records for its
transactions, whether or not its assets are segregated from other
trust assets.
   (b) A trustee who accounts separately for a business or other
activity may determine the extent to which its net cash receipts must
be retained for working capital, the acquisition or replacement of
fixed assets, and its other reasonably foreseeable needs, and the
extent to which the remaining net cash receipts are accounted for as
principal or income in the trust's general accounting records. If a
trustee sells assets of the business or other activity, other than in
the ordinary course of the business or other activity, the trustee
shall account for the net amount received as principal in the trust's
general accounting records to the extent the trustee determines that
the amount received is no longer required in the conduct of the
business or other activity.
   (c) Businesses and other activities for which a trustee may
maintain separate accounting records include the following:
   (1) Retail, manufacturing, service, and other traditional business
activities.
   (2) Farming.
   (3) Raising and selling livestock and other animals.
   (4) Managing rental properties.
   (5) Extracting minerals and other natural resources.
   (6) Timber operations.
   (7) Activities to which Section 16366 applies.