§ 35A-1336. Prerequisites to approval by judge of gifts for governmental or charitable purposes. - North Carolina Statutes

§35A‑1336.  Prerequisites to approval by judge of gifts for governmentalor charitable purposes.

The judge shall not approvegifts from income for governmental or charitable purposes unless it appears tothe judge's satisfaction that all of the following apply:

(1)        After making thegifts and the payment of federal and State income taxes, the remaining incomeof the incompetent will be reasonable and adequate to provide for the support,maintenance, comfort and welfare of the incompetent and those legally entitledto support from the incompetent in order to maintain the incompetent and thosedependents in the manner to which the incompetent and those dependents areaccustomed and in keeping with their station in life.

(2)        Each donee is adonee to which a competent donor could make a gift, without limit as to amount,without incurring federal or State gift tax liability.

(3)        Each donee is adonee qualified to receive tax deductible gifts under federal and State incometax laws.

(4)        The aggregate of thegifts does not exceed the percentage of income fixed by federal law as themaximum deduction allowable for the gifts in computing federal income taxliability. (1963, c. 111, s. 2; 1987, c. 550, s. 4; 1999‑270,s. 2.)