(1) Whenever a trustee or a tenant is authorized by the terms of the transaction by which the principal was established, or by law, to use any part of the principal in the continuance of a business that the original owner of the property comprising the principal had carried on, the net profits of such business attributable to such principal shall be deemed income.
If such business consists of buying and selling property, the net profits for any periodshall be ascertained by deducting, from the gross returns during and the inventory value of the property at the end of such period, the expenses during the inventory value of the property at the beginning of such period.
If such business does not consist of buying and selling property, the net income shallbe computed in accordance with the customary practice of such business, but not in such a way as to decrease the principal.
Any increase in the value of the principal used in such business shall be deemedprincipal, and all losses in any one calendar year, after the income from such business for that year has been exhausted, shall fall upon the principal.
Source: L. 2009: Entire section added, (HB 09-1241), ch. 169, p. 753, § 14, effective April 22.