Unitrust amount's satisfying tax law requirement of preserving tax
benefit
Sec. 23. (a) This section applies to the following trusts:
(1) A trust for which a marital deduction has been taken for
federal tax purposes during the lifetime of the spouse for whom
the trust was created under Section 2056 or 2523 of the Internal
Revenue Code.
(2) A trust to which the generation-skipping transfer tax due
under Section 2601 of the Internal Revenue Code does not
apply by reason of any effective date or transition rule.
(b) To the extent necessary to satisfy a tax law requirement or to
preserve a tax benefit, the unitrust amount may not be less than the
net income of the trust. Net income of the trust shall be determined
as if the trust were not a unitrust.
As added by P.L.3-2003, SEC.2.
Last modified: May 27, 2006