NORTH ATTLEBORO - The town's Russian masterpiece is a charitable gift that can be sold only if a court agrees it is "impracticable or impossible" for the town to keep, the state Attorney General's Office says.

Selectman John Rhyno, with assistance from state Rep. Betty Poirier, R-North Attleboro, obtained a letter from the Attorney General's Office reiterating the guidance it provided to selectmen last year regarding the Alexandre Iacovleff painting, "Afghans."

Although Assistant Attorney General Johanna Soris emphasized the office cannot offer legal advice, the three-page letter does say the painting falls within the legal definition of a public charitable gift and cannot be sold without obtaining court permission.

"The painting 'Afghans' is held as a public charitable trust. The most important obligation of the trustees of the 'Afghan' painting is to carry out the intent of the donors," Soris wrote. "As I understand the current status, the donors of the painting are alive. They have expressed their wish that the painting remain in the town of North Attleboro for the benefit of viewing by the public. I also understand that there is no impediment to the public charitable purpose being carried out by the trustees."

If the town wants to sell the painting, Soris said the issue will have to go to probate court for a determination "that it has become impossible or impracticable to carry out that intent and that any proceeds from the sale will be used for a similar charitable purpose." She also cautioned that 10 taxpayers could file a lawsuit to prevent the sale by arguing the sale goes against the intent of the original trust.

The painting had been hanging in the Community School auditorium since it was donated by W. Charles Thompson in 1952.

The argument that keeping the painting is impracticable has been made by the school department since February 2007, when the value of the painting was determined to be in the range of $800,000 to $1.2 million.

The painting was sent to Sotheby's auction house for safekeeping, where it remains today.

Sotheby's last month auctioned another Iacovleff painting, also donated by Thompson to the Attleboro Arts Museum, for $713,000.

The school committee has said that the cost of securing and insuring the painting make it impracticable for the town to keep it. The board wants to sell the painting and use the proceeds for programs that encourage appreciation of the fine arts, which it says falls within the donor's intent.

Selectmen, who are opposed to the sale, argue that the town will not bear any cost for securing and insuring the painting because relatives of Thompson have offered to make a donation that should cover those costs.

The family has offered to re-gift the painting to the town and make a donation of $50,000 that can be used toward upkeep and maintenance of the artwork. However, the re-gifting document names selectmen, not the school department, as the trustees responsible for the painting.

School Superintendent Rick Smith declined to comment on the letter, saying he has not seen it and it has not been reviewed by the school department's lawyer.

School committee Chairman David Manoogian did not return a call for comment on Tuesday. The Attorney General's Office weighed in on the new trust document in its letter.

Soris wrote, "I have reviewed the donors' agreement and I am satisfied that the document presented to selectmen is in keeping with donors' intent. Although I offer no opinion, I will say that the selectmen would do no wrong by agreeing to the terms of the agreement, thus allowing the painting to remain available for viewing by the residents of North Attleboro."

Rhyno said he thought it was important to let the public know what the Attorney General's Office has been saying about the painting.

"I wanted residents to know what we were told back in 2007," he said. "There is a group that wants to sell it, and I don't think it's a secret that the family does not want it sold and will file a 10 taxpayer lawsuit to prevent that from happening.

"No matter what we do, it's not going to be a two-second deal."

Rhyno said the next step should be getting everyone involved in the issue together for further discussions about the fate of the painting.