Receipts normally apportioned -- Liquidating asset.

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  • (1) In this section:
    • (a) "Liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a limited time.
    • (b) "Liquidating asset" includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance.
  • (2) This section does not apply to a receipt subject to Section 22-3-401, 22-3-409, 22-3-411, 22-3-412, 22-3-414, 22-3-415, 22-3-416, or 22-3-503.
  • (3) A fiduciary shall allocate:
    • (a) to income:
      • (i) a receipt produced by a liquidating asset, to the extent the receipt does not exceed 3% of the value of the asset; or
      • (ii) if the fiduciary cannot determine the value of the asset, 10% of the receipt; and
    • (b) to principal, the balance of the receipt.




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