N.M. Stat. § 46-3A-506
Adjustments between principal and income because of
taxes.
(a) A fiduciary may make adjustments between principal and income to offset the
shifting of economic interests or tax benefits between income beneficiaries and
remainder beneficiaries which arise from:
(1)
elections and decisions, other than those described in Subsection (b), that
the fiduciary makes from time to time regarding tax matters;
(2)
an income tax or any other tax that is imposed upon the fiduciary or a
beneficiary as a result of a transaction involving or a distribution from the estate or trust;
or
(3)
the ownership by an estate or trust of an interest in an entity whose
taxable income, whether or not distributed, is includable in the taxable income of the
estate, trust or a beneficiary.
(b) If the amount of an estate tax marital deduction or charitable contribution
deduction is reduced because a fiduciary deducts an amount paid from principal for
income tax purposes instead of deducting it for estate tax purposes, and as a result
estate taxes paid from principal are increased and income taxes paid by an estate, trust
or beneficiary are decreased, each estate, trust or beneficiary that benefits from the
decrease in income tax shall reimburse the principal from which the increase in estate
tax is paid. The total reimbursement must equal the increase in the estate tax to the
extent that the principal used to pay the increase would have qualified for a marital
deduction or charitable contribution deduction but for the payment. The proportionate
share of the reimbursement for each estate, trust or beneficiary whose income taxes are
reduced must be the same as its proportionate share of the total decrease in income
tax. An estate or trust shall reimburse principal from income.