Section 17. If a trustee determines that an allocation between principal and income required by section 18, 19, 20, 21 or 24 is insubstantial, the trustee may allocate the entire amount to principal unless 1 of the circumstances described in subsection (c) of section 4 applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in subsection (d) of said section 4 and may be released for the reasons and in the manner described in subsection (e) of said section 4. An allocation is presumed to be insubstantial if:
(1) the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 per cent; or
(2) the value of the asset producing the receipt for which the allocation would be made is less than 10 per cent of the total value of the trust's assets at the beginning of the accounting period.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 203d - Principal and Income
Section 3 - Fiduciary Duties; General Principles
Section 4 - Trustee's Power to Adjust
Section 5 - Judicial Control of Discretionary Powers
Section 6 - Determination and Distribution of Net Income
Section 7 - Distribution to Residuary and Remainder Beneficiaries
Section 8 - When Right to Income Begins and Ends
Section 9 - Apportionment When Income Interest Ends
Section 10 - Character of Receipts
Section 11 - Distribution From Trust or Estate
Section 12 - Business and Other Activities Conducted by Trustee
Section 13 - Principal Receipts
Section 15 - Obligation to Pay Money
Section 16 - Insurance Policies and Similar Contracts
Section 17 - Insubstantial Allocations Not Required
Section 18 - Deferred Compensation, Annuities and Similar Payments
Section 19 - Liquidating Asset
Section 20 - Minerals, Water, and Other Natural Resources
Section 22 - Property Not Productive of Income
Section 23 - Derivatives and Options
Section 24 - Asset-Backed Securities
Section 25 - Disbursements From Income
Section 26 - Disbursements From Principal
Section 27 - Transfers From Income to Principal for Depreciation