§ 9:2159 — When the power to adjust is denied

A trustee shall not make an adjustment under R.S. 9:2158:
(1) If the existence or exercise of the power to adjust would cause ineligibility for the estate-tax or gift-tax marital deduction or charitable deduction.
(2) That diminishes the value for gift-tax purposes of the income interest in a trust to which a person transfers property with intent to qualify for a gift tax exclusion;
(3) If possessing or exercising the power to make an adjustment causes an individual to be treated as the owner of all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not possess the power to make an adjustment; or
(4) If the terms of the trust instrument clearly deny the trustee the power to make adjustments.

Legislative History

Acts 2001, No. 520, §4; Acts 2003, No. 480, §1.