§ 11-1.2 Tax elections by personal representatives\n (A) If the personal representative or other person acting in a\nfiduciary capacity with respect to a decedent's estate, hereinafter\ncalled the "fiduciary", claims as income tax reductions administration\nexpenses chargeable to principal that may be claimed by such fiduciary\nas either estate tax deductions or as income tax deductions with the\nresult that the income taxes paid by or chargeable to income or to any\nincome beneficiary are reduced and with the further result that United\nStates or New York estate taxes chargeable to principal are increased,\nthen, unless otherwise provided or authorized by the decedent's will,\neach person, including the estate or any trust, who has received the use\nof such income tax deductions shall reimburse to the principal\nchargeable with such increased estate taxes an amount determined by\nmultiplying such increase in estate taxes by a fraction having a\nnumerator equal to the income tax deduction made available to him as the\nresult of the aforesaid election and a denominator equal to the total\namount of the income tax deductions made available thereby.\n (b) Unless otherwise expressly provided by a will under which a\ndisposition is made to or for the benefit of the surviving spouse of a\ndecedent which qualifies for an estate tax marital deduction under any\ntax law of the state of New York or of the United States and the amount\nor size of such disposition is defined by the will in terms of the\nmaximum marital deduction allowable under such tax law:\n (1) No adjustment shall be required to be made between such\ndisposition and the other interests in the decedent's estate by reason\nof (A) any increase in the amount or size of such disposition resulting\nfrom any election by the fiduciary, under such tax laws, to treat estate\nadministration expenses as income tax deductions over the amount or size\nof such disposition had the contrary election been made or (B) any\nincrease or decrease in the amount or size of such disposition resulting\nfrom an election by the fiduciary, under such tax laws, of an estate tax\nvaluation date other than the date of the decedent's death as compared\nwith the amount or size of such disposition had the contrary election\nbeen made.\n (2) Such definition shall not be construed as a direction by the\ndecedent to the fiduciary to exercise any election respecting the\ndeduction of estate administration expenses or the determination of the\nestate tax valuation date, which the fiduciary may have under such tax\nlaws, only in such manner as will result in a larger allowable estate\ntax marital deduction than if the contrary election had been made.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.