633 - New York source income of a nonresident estate or trust.

§  633.  New  York source income of a nonresident estate or trust. (a)  General. The New York source income of a  nonresident  estate  or  trust  shall be the sum of the following:    (1)  The  net  amount  of  items  of  income, gain, loss and deduction  entering  into  federal  adjusted  gross  income,  as  determined  under  paragraph  four  of  subsection  (e) of section six hundred one, derived  from or connected with New York sources. Such  determination  of  source  shall  be  made  in  accordance with the applicable rules of section six  hundred thirty-one as in the case of a nonresident individual.    (2) The portion of the modifications described in section six  hundred  eighteen which relate to income derived from New York sources other than  that  portion  of  the modification provided in subsection three thereof  which relates to section six hundred fifteen.    (b) Special New York source rules. Deductions with respect to  capital  losses,  passive activity losses and net operating losses shall be based  solely on income, gains, losses and deductions derived from or connected  with New York sources, under regulations  of  the  tax  commission,  but  otherwise  determined  in  the  same manner as the corresponding federal  deductions.