§ 53-12-410 - Character of receipts
               	 		
O.C.G.A.    53-12-410   (2010)
   53-12-410.    Character of receipts
      (a)  As  used in this Code section, the term "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  estate to which Code Section 53-12-411 applies, a business or activity  to which Code Section 53-12-412 applies, or an asset-backed security to  which Code Section 53-12-431 applies.
(b)  Except as otherwise provided in this Code section, a trustee shall allocate to income money received from an entity.
(c)  A trustee shall allocate the following receipts from an entity to principal:
      (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 or partial liquidation of the entity; and
      (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.
(d)  Money shall be received in partial liquidation:
      (1)  To  the extent that the entity, at or near the time of a distribution,  indicates that it is a distribution in partial liquidation; or
      (2)  If  the total amount of money and property received in a distribution or  series of related distributions is greater than 20 percent of the  entity's gross assets, as shown by the entity's year-end financial  statements immediately preceding the initial receipt.
(e)  Money  shall not be received in partial liquidation, nor shall it be taken  into account under paragraph (2) of subsection (d) of this Code section,  to the extent that it does not exceed the amount of income tax that a  trustee or beneficiary must pay on taxable income of the entity that  distributes the money.
(f)   A trustee may  rely upon a statement made by an entity about the source or character of  a distribution if the statement is made at or near the time of  distribution by the entity's board of directors or other person or group  of persons authorized to exercise powers to pay money or transfer  property comparable to those of a corporation's board of directors.