Professional Documents
Culture Documents
Tru
e
Fals
e
Fals
e
Tru
e
Fals
e
Fals
e
Fals
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Fals
e
Fals
e
Fals
The entire community properties of the spouses are included in the gross estate
Proceeds of life insurance shall be exempt only from estate tax if the designated
beneficiary in the policy is irrevocable and is not the estate, executor or administrator
The sale must be for an insufficient consideration
If there is reciprocity, the intangible personal property within is not taxable in the
Philippines
In that case, the power of appointment is special
The prohibition is applicable on inter vivos donations only. Thus, it is allowed if the
0
1
1
1
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1
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1
4
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7
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Fals
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1
8
1
9
2
0
2
1
2
2
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4
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2
5
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Free
portion
a.
b.
c.
d
P3M
3M
None
2.25M
P 4.5M
3M
6M
4.5M
P 4.5M
3M
None
P 3M
6M
4.5M
None
2.25M
10. Based on the following data, how mush is the value of the decedents interest if he
died March 31,2008?
Cash in bank, joint account of the decedent
And his wife
P 254,000
Interest on the bank deposit ( January 1- June
30,2008)
9,000
Dividends from a domestic corporation:
60,000
Date of declaration- February 5, 2008
Date of record
- April 15,2008
Date of payment - May 15,2008
Share in 2007 net profit of partnership,
Distributed to partners on April 15
9,000
Winnings in lotto ( Bet, March 30; April 1, 2008
Draw)
500,000
a. P 383,750
c. P145,000
b. 138,000
d. 388,250
11. For estate tax purposes, the estate of the decedent shall be valued at the time
a. of the preparation of the estate tax return
b. the estate tax is paid.
c. of death of the decedent.
d. The estate is distributed to the heirs.
12. Mamo died leaving the following properties:
Stocks of Cruz Corporation (2,000 shares )- listed in the Phisex (highest- P 40;
lowest- P 39).
Common Stocks of Hemo Corporation ( 1,500 shares)- not listed in the stock
exchange. Cost- P 50 per share; book value- P45 per share.
Car ( cost- P 600,000; book value- P 350,000; market value P 400,000)
Real properties ( zonal value P 120,000; assessed value- P 72,000 )
The gross estate of Mamo isa. P 618,000
c. P 624,000
b. 867,000
d.
666,500
13.One of the following is subject to estate tax on properties situated within the
Philippines only
a. Resident citizen
c. Nonresident citizen
b. Resident alien
d. Nonresident alien
Items 14 through 16 are based on the following information:
Dina Mathay, Filipina, died in the United States with the following properties
Condominium unit in New York City
2,000,000
From among the data given, how mush should be included in the gross estate of Albino upon
his death?
a. P 1,200,000
b. 1,230,000
c. P 1,430,000
d.
1,400,000
23. On the belief that he was about to die of a liver cancer, Bongbong sold to Bengbeng
a property valued at P 1,100,000 for the same amount. Six months later, Bongbong
died of a car accident. At that time, the property had already a value of P 1,300,000.
For Philippine estate tax purposes, the amount includible in the gross estate of
Bongbong isa.P 1,100,000
c. P 200,000
b. 1,300,000
d. None
24. Amounts received by the estate of the deceased, his executor or administrator as
an insurance under policy taken by the decedent upon his own life isa. excluded from the gross estate.
b. part of the gross estate whether the beneficiary is revocable or irrevocable
c. part of the gross estate if the beneficiary is revocable.
d. part of the gross estate if the beneficiary is irrevocable
25. Case 1 Designation of the beneficiary is revocable.
Case 2-- Designation of the beneficiary is irrevocable.
Case 3Policy is silent as to whether the designation is revocable or irrevocable.
In which of the above cases will the proceeds be exempt from estate tax,
assuming that the beneficiary of the life insurance proceeds is neither the estate,
the executor nor the administrator of the estate?
a. Case 1 only
c. Case 2 only
b. Cases 1 and 3
d. All of the above cases
26. Proceeds of life insurance not payable to estate, executor or administrator shall be
excluded in the gross estate if the beneficiary appointed in the policy is
a. Revocable
c. Irrevocable
b. Revocable or irrevocable
d. the executor
27. Proceeds of life insurance includible in the taxable gross estate
a. Insurance proceeds from SSS and GSIS.
b. Amount receivable by any beneficiary irrevocably designated in the policy by the
insured.
c. Amount receivable by any beneficiary revocably designated in the insurance
policy.
d. Proceeds of a group insurance taken out by a company for its employees.
28. Which of the following proceeds of life insurance policies is exempt from estate
tax?
1. Life insurance policy on the life of Kristine, appointing her sister as the irrevocable
beneficiary.
11. Life insurance policy on the life of Kristine, appointing her brother as the
revocable beneficiary.
111. Life insurance policy on the life of Kristine, appointing her executor as the
irrevocable beneficiary.
1V. Life insurance policy on the life of Kristine, appointing her children as the
beneficiary. The policy is silent as to whether the appointment is revocable or
irrevocable.
a. 1 only
c. 11 and 111
b. 1 and 1V
d. All of them
29. The following are transactions and acquisitions exempt from transfer tax, except
a. Transmission from the first heir or done in favor of another beneficiary in
accordance with the desire of the predecessor.
b. Transmission or delivery of the inheritance or legacy by the fiduciary heir or
legatee to the fideicommissary.
c. The merger of usufruct in the owner of the naked title.
d. All bequests, devisees, legacies or transfers to social welfare, cultural and
charitable institutions.
30. A devised in his will a piece of land; naked title to B and usufruct to C for as long as
C lives, thereafter to B. the transmission from A to B and C is subject to estate tax
but the merger of the usufruct and the naked title to B upon the death of C is
exempt.
X devised in his will real property to his brother Y who is entrusted with the
obligation to preserve and transmit the property to Z, a son of Y, when Z becomes
of age. The transmission from Y to his son Z is subject to tax.
a. First statement is correct, second statement is wrong.
b. Both statement are not correct.
c. Both statement are correct.
d. First statement is wrong , second statement is correct.
31. One of the following is included in the gross estate.
a. Benefits received from GSIS
b. Benefits received from U.S Veterans Administration.
c. Benefits received from damages during world war 2.
d. Benefits received from a tax exempt employer as a consequence of death of the
employee.
32. Which of the following distinguishes conjugal property from community property?
a. Properties inherited during marriage.
b. Those acquired through occupation during marriage
c. Fruits of exclusive property.
d. Income earned by each spouse during marriage.
33. One of the following is a conjugal property of the spouses.
a. That which is brought to the marriage as his or her own.
b. That which each acquires during the marriage by inheritance.
c. The fruits of an exclusive property.
d. That which is purchased with the exclusive property of the wife.
34. One of the following is not a community property of the spouses
a. Property inherited by the husband before marriage.
b. Winnings in gambling.
c. Fruits of property inherited during the marriage.
d. Fruits of property inherited before the marriage.
35. Which of the following is not a part of the gross estate?
a. conjugal property
b. community property
c. exclusive property of the decedent
d. exclusive property of the surviving spouse
36. When a person dies and during the marriage the property relationship between the husband
and the wife was that of conjugal partnership of gains, the gross estate of the decedent
would include
a. His exclusive properties only.
b. His exclusive properties and one half of the conjugal properties.
c. All the properties of the husband and wife.
d. His exclusive properties and all conjugal properties.
37. A. Share of the decedent in the community property.
B. Share of the surviving spouse in the community property.
C. Exclusive property of the decedent.
D. Exclusive property of the surviving spouse.
Which of the above properties are included in the gross estate of the decedent?
a. A and B
c. A and C
b. A, B, and C
d. All of the above properties
38. Properties acquired by gratuitous title before the marriages are generally classified as:
A. Community properties under absolute community of property regime.
B. Conjugal properties under conjugal partnership of gains.
Which of the above statement is correct?
a. A only
c. B only
b. A and B
d. Neither A nor B
P 300,000
60,000
240,000
25,000
375,000
50,000
225,000
80,000
500,000
175,000
430,000
85,000
20,000
10,000
350,000
85,000
39. under the conjugal partnership of gains, the total conjugal properties of the spouses is:
a. 1,170,000
b. 1,820,000
c. 1,990,000
d. 2,495,000
40. under conjugal partnership of gains, the gross estate of Aldo is
a. 1,170,000
b. 2,495,000
c. 1,990,000
d. 1,820,000
41. under absolute community of property regime, the total community property of the spouses
is:
a. 1,820,000
b. 1,990,000
c. 2,495,000
d. 1,170,000
42.under absolute community of property regime, the gross estate of Aldo is
a. 1,170,000
b. 2,495,000
c. 1,990,000
d. 1,820,000
Pepe married Pilar on January 20,1995 without any agreement in writing as to the system of
property relationship that will govern their properties when they are already married. Pepe
brought into the marriage an old Spanish house in Vigan, Ilocos Sur worth 2,000,000 while
Pilar brought with her a 200 hectare pineapple plantation in Bukidnon which she acquired
while she was still single.
As a consequence of her marriage, she received as gift from her parents another 200 hectare
banana plantation in Cagayan de Oro City on January 31, 1995.
Twelve years thereafter, she died of a car accident. The joint account deposit of the spouses
with Metrobank was 5,000,000.
She was insured with an insurance company for 2,500,000 with Pepe as the appointed
irrevocable beneficiary
For numbers 43 to 47, classify the properties identified above by choosing your answer from the
option below:
Options:
to be deductible, taxes must accrue before the death of the decedent. Real property taxes
accrue on the 1st day of January of every year although the payment is allowed in the
succeeding quarters of the year.
58. statement 1: if the proceeds of a mortgage loan is merely an accommodation loan, its
value must be included in the gross estate as a receivable amount and as a deduction
thereof.
Statement 2: if there is legal impediment to recognize the accommodation loan as receivable of
the estate, the unpaid mortgage payable shall not be allowed as a deduction from the gross
estate
a. true, false
b. true, true
c. false, true
d. false, false
59. the following expenses and obligations were left by Boning upon his death
Notes payable, not notarized
Loans payable, PNB
Accounts receivable, debtor not insolvent
Accounts receivable, debtor is insolvent
Death benefits from employer
Mortgage paid
Income taxes on income of decedents estate
30,000
300,000
40,000
60,000
200,000
50,000
7,500
500,000
500,000
1,500,000
500,000
d. 55,000
68. which of the following properties of Etang who died December 4, 2008 is subject to
vanishing deduction
Property 1-Car purchased 3 years ago from batangas city
Property 2- land inherited from her mother in 2005 the estate tax thereon have not been paid
Property 3-donation from a friend in 2004
Property 4-community property inherited december 2, 2003 or five days before marriage
a.
b.
c.
d.
Property 1
no
no
yes
yes
property 2
no
no
no
yes
property 3
yes
yes
no
no
property 4
yes
no
yes
no
69. which of the following is a multiplier deduction for purposes of computing vanishing
deduction
a. benefits received under RA 4917
b. medical expenses
c. standard deduction
d. transfer for public purpose
70. statement 1: vanishing deduction is always a deduction from the exclusive properties of the
decedent
Statement 2: a property is subject to vanishing deduction if it has been acquired thru exchange
with a property inhetrited within 5 years prior to the death of the present decedent
a. true, false
b. false, true
c. true, true
d. false, false
71. christopher died on October 5, 2006 leaving a parcel of land valued at 800,000 to his
nephew, mendell. On June 10, 2008, Mendell married Cristita, prior to the celebration of the
marriage, they orally agreed that they shall be governed by the conjugal partnership of
gains
Which statement is correct
a. the spouse shall be governed by the conjugal partnership of gains. Thus, if Mendell dies on
May 20, 2009 the vanishing deduction shall be classified as deduction from the exclusive
properties
b. the spouses shall be governed by the absolute community of property regime. Thus if cristita
dies on may 20, 2009 the land shall be subject to vanishing deduction of of its value.
c. the spouse shall be governed by the absolute community of property regime. Nonetheless,
the death of cristita on may 20, 2009 will not subject her share in the land to a vanishing
deduction
d. the spouse shall be governed by the absolute community of property regime. Thus, if mendell
dies on may 20, 2009 only his share in the land shall be subject to a vanishing deduction
72. all of the following, except one, are not deductible from the gross estate of a nonresident
alien
a. vanishing deduction
b. medical expenses
c. family home
d. standard deduction
73. Rodolfo, a filipino died testate on May 10, 2006. Among his gross estate are properties
inherited from his deceased father who died april 4, 2003. What percentage of deduction will
be used in computing the amount of vanishing deduction
a. 80% of the value taken as basis for vanishing deduction
b. 100 % of the value taken as basis for vanishing deduction
c. 60 % of the value taken as basis for vanishing deduction
d. 40% of the value taken as basis for vanishing deduction
74. van died on November 20, 2006. Some of the properties he left are the following
Asset
Mode of
acqui
sition
Date of
acqui
sition
Market
value
-date
acqui
red
Land
Donatio
n
Purchas
e
7-3-02
500,000
Market
value
deat
h of
Van
350,000
10-2-05
800,000
980,000
Car
Other info:
1. Gross estate of decedent amounts to 3,000,000
2. The land was mortgaged for 50,000 which was deducted in prior estate and van paid the same
before he died
3. The allowable deductions total 125,000, which includes medical expenses of 30,000. It excludes
bequest to a charitable institution in the amount of 50,000
The vanishing deduction is
a. 58,100
b. 57,500
c. 67,783
d. 67,083
75. in determining the net estate of the decedent, which of the following rules is correct
a. real estate abroad is included in the gross estate of a decedent who is a nonresident alien
b. shares of stocks being intangible property shall be included in the decedents gross estate
wherever situated
c. vanishing deduction must be subject to limitations
d. funeral expenses are deductible to the extent of 5% of the total gross estate but not
exceeding 100,000
76.pepe died on August 15, 2006. His data are as follows
Community properties
Exclusive properties of pepe
Exclusive properties of pepes wife
Deductions (except standard deduction)
2,000,000
3,000,000
1,000,000
700,000
Included in the 3,000,000 is a parcel of land worth 200,000 and a car worth 400,000
The land was donated to him by his uncle on May 4, 2004 with a value of 150,000. At the time
of donation, the land wasb mortgaged for 30,000 which was paid by his uncle. The car had a
avalue of 500,000 when it was paid by his uncle. The car had a value of 500,000 when it was
inherited by his Pepe from his mother 2.5 years ago and mortgaged for 50,000 which was
paid by Pepe before he died.
The vanishing deduction on the estate of Pepe is
a. 258,000
b. 262,520
c. 283,600
d. none
77. elopre, married June 5,2004 died on April 29, 2006 with the following data: Gross estate
community property, 3,000,000; exclusive, 2,000,000. Said amount includes a land which he
received as gift from his father a month before the marriage; valued at 540,000. His father
mortgaged the land for 20,000 which was paid by elopre. Elopre mortgaged also said land
for 50,000 but was able to pay only 20,000 until his death. Expenses claimed (excluding the
unpaid mortgage) amounted to 170,000.
The vanishing deduction is
a. 388,800
b. none
c. 384,000
d. 380,000
78. in number 77, the net taxable estate is
a. 2,016,000
b. 1,208,000
c. 3,416,000
d. 2,208,000
79. statement 1: unpaid loans contracted prior to death may be deducted even if not notarized
if notarization of contracts is not business policy of the creditor
Statement 2: for estate tax purposes several family homes may be deducted provided the
maximum amount is 1,000,000.
a. true, false
b. true, true
c.false, true
d. false, false
80. statement 1: an unmarried individual cannot constitute a family home
Statement 2: unpaid medical expenses at the time of death are deductible as claims against
the estate
a. true, false
b. true, true
c.false, true
d. false, false
81. mama, widow, a Filipino residing in Canada, died on December 20, 2007 leaving the
following properties
Real property (inherited from her husband on May 3, 2006 valued
then at 2,600,000)
Personal properties in Canada
Real and personal properties in the Philippines
Family home in Canada
Obligations:
Funeral expenses incurred in Canada
Other deductible expenses
a.
b.
c.
d.
2,960,0
00
1,300,0
00
670,00
0
2,500,0
00
250,00
0
850,00
0
a.
b.
c.
d.
a.
b.
c.
d.
a.
b.
c.
d.
80,0
0
0
21,5
0
0
20,0
0
0
12,0
0
0
2,00
0
2,00
0
Based on above data, how much is the deductible medical and judicial expenses respectively if
the decedent died may 23,2007
a.
b.
c.
d.
89. statement 1: under the conjugal partnership of gains, the vanishing deduction is always a
deduction from exclusive properties
Statement 2: under the absolute community of property regime, the vanishing deduction is
deductible also against community property
a. true, true
b. true, false
c. false, false
d. false, true
90. the following data relates to Carl, married (2) years ago, died leaving the following:
Gross Estate
14,000,0
00
200,000
300,000
35,000
15,000
100,000
10,000
25,000
35,000
45,000
Carl paid 60,000 to the mortgagee of the land a year before his death.
Assuming carl was under conjugal partnership of gains, the total ordinary deductions from
exclusive property is
a. 49,600
b. 89,600
c. 124,600
d. none
91. in problem 90, assuming that Carl was under absolute community of property regime the
total amount deductible from the community property is
a. 125,000
b. 134,600
c. 174,600
d. none
92. Alladin, Filipino, married, died January 1, 2006, leaving the following properties:
Inherited from his brother who died May 3, 2004:
Rice Land
Residential land
Inherited from his mother who died April 12, 2002 or five days after his
marriage:
Coconut land
Acquired thru Alladins wifes labor
Family home
Car
Commercial Land
Gold necklace(acquired by Aladdin during a previous marriage which had a
legitimate descendant)
1,000,0
00
2,000,0
00
420,00
0
2,000,0
00
500,00
0
1,000,0
00
80,000
The Riceland and the residential land were previously mortgaged for 350,000 when inherited
where 200,000 was paid by Alladin during his lifetime.
The coconut land was mortgaged for 94,000 of which 14,000 was paid before his death. Also,
Aladdin, by will, bequeathed to Marikina City the sum of 200,000 for exclusive public purpose.
The estate incurred the following expenses:
Funeral Expenses
Judicial Expenses
Portion of Family home destroyed by fire on
Jan 5, 2006
Medical expenses
140,0
00
80,00
0
100,0
00
40,00
0
The gross estate of Aladdin is
a. 3,500,000
b. 7,000,000
c. 5,250,000
d. 3,957,020
93. in number 92, the vanishing deduction is
a. 2,032,000
b. 220,980
c. 2,145,000
d. none
94. in number 92, the net taxable estate is
a. 2,217,500
b. none
c. 515,000
d. 535,000
95. Luis died leaving the following:
Exclusive properties
Conjugal properties
Judicial expenses
Funeral expenses
Notes payable (only is notarized)
Claims against insolvent persons (50 % is
collectible)
Proceeds of life insurance (beneficiary is wife
revocable)
Death benefits under RA 4917
Medical expenses (1/2 is not supported by
receipts)
2,000,0
00
2,500,0
00
45,000
150,00
0
100,00
0
120,00
0
200,00
0
180,00
0
550,00
0
2,230,0
00
2,500,0
00
150,00
0
200,00
0
35,000
Based on above information, the value of the gross estate of Abandonado is:
a.
b.
c.
d.
97-99
5,915,000
4,835,000
4,685,000
5,730,000
On October 15, 2006, Benjamin, a Filipino citizen and resident of Manila, died intestate leaving
his wife, Diana and his two illegitimate children, Aubrey and Barbara. The estate of the deceased
consisted of the following:
Real property- conjugal
House and lot (family home) Manila. This property has an assessed value of 2,500,000 at
the time of death but valued in the zonal valuation of the BIR for 2,900,000.
Personal Property- conjugal
The total value was placed at 1,600,000.
Included in the 1,600,000 are proceeds of an irrevocable life insurance policy of 100,000
taken by Benjamin with Barbara as the beneficiary. The premiums were paid out of conjugal
property of the spouses.
The following deductions were claimed by the heirs:
Funeral Expenses
100,0
00
Unpaid loans, notarized
75,00
0
Losses incurred during the settlement of 25,00
the estate
0
97. the total gross estate of Benjamin is
a. 4,500,000
b. 4,100,000
c. 4,000,000
d. 4,400,000
98. the deductible amount of Family Home is
a. 2,900,000
b. 1,450,000
c. 1,000,000
d. none
99. the net taxable estate is
a. 100,000
b 150,000
c. 950,000
d. none
100. which of the following deductions cannot be claimed by a non resident alien
I. Vanishing deductions on a property situated in the Philippines
II. Funeral expenses incurred abroad
III. Family Home situated abroad
IV. Donation of a property for use by a foreign government
a.
b.
c.
d.
I only
I and II
III and IV
I and IV
101-103
Wilson died of a car accident. He died intestate on October 10, 2006, survived by his wife, Ging
and a son.
Exclusive Properties of Ging:
Car
Lot in Quezon City
Other real and personal properties
Exclusive properties of Wilson:
House and lot in Laguna, family house
400,00
0
2,000,0
00
800,00
0
1,900,0
00
800,00
0
1,500,0
00
500,00
0
50,000
150,00
0
195,0
00
15,00
0
50,00
0
30,00
0
200,0
00
350,0
00
35,00
0
7,500
3,200,0
00
1,500,0
00
800,00
0
120,00
0
100,00
0
50,000
0
30,000
The personal properties do not include shares of stocks valued at 50,000 which were purchased
by the decedent from Astra Company one month prior to his death.
The house in Australia was inherited by Alanis from his father who died 2.25 years ago. Said
property was mortgaged for 200,000 which was paid by the decedent before his death.
The gross estate is
a. 4,050,000
b. 6,750,000
c. 6,650,000
d. 5,550,000
105. the total deductions (excluding standard deductions) is
a. 250,000
b. 300,000
c. 1,250,000
d. 2,001,111
Hint: the house in Australia is not subject to vanishing deduction because the property is situated
outside the Philippines. To be subject to the deduction, the property must form part of the gross
estate situated in the Philippines (Sec. 86 [ A,2], NIRC)
106. trillo, a resident of Quezon city, died on June 5, 2007 with the following data:
Property acquired by Trillo before marriage
1,500,0
00
Property acquired by his wife before marriage
1,000,0
00
Conjugal family house and lot, Quezon City, certified by Barangay
1,600,0
Chairman
00
House in Marbel City (exclusive of Trillo) , certified as family home by
1,000,0
barangay captain
00
Proceeds of life insurance, irrevocable, beneficiary is the estate
500,00
0
Claims against insolvent debtors (40 % uncollectible)
100,00
0
Inter vivos donations to City Government of Quezon
200,00
0
Actual Funeral expense (50 % paid by relatives)
300,00
0
Judicial Expenses
250,00
0
The net taxable estate is
a. 6,040,000
b. 1,580,000
c. 1,550,000
d. 1,370,000
Hint: house in quezon city is the true family home because it is the place where family resides.
107-110
Penduko married in 2005 under the absolute community of property regime, died on August 30,
2007. He left the following properties and obligations:
Properties:
Cash in bank
Residential lot inherited from his father on June 12,
2004
Family home:
house (community property)
Lot
(exclusive property of
Penduko)
Personal properties acquired by the spouses during
marriage
200,00
0
1,200,0
00
1,300,0
00
1,000,0
00
200,00
0
100,00
0
150,00
0
12,000
300,00
0
100,00
0
80,000
35,000
35,000
100,00
0
60,000
25,000
None
46, 525
96,525
122,025
111. Eleanor, resident Citizen, married and under the absolute community of property regime,
died on August 20, 2007. The following are the data on properties and obligations:
Exclusive properties of Eleanor:
Personal properties
Family home
Community Properties:
Real properties
Personal properties
Funeral expenses
Judicial expenses incurred until Feb
20, 2008
Judicial Expenses incurred after Feb
2,500,0
00
2,000,0
00
1,400,0
00
1,750,0
00
220,00
0
30,000
20,000
20, 2008
Unpiad taxes
Medical expenses
Casualty loss incurred November 2,
2007
Casualty loss incurred March 5,
2008
How much is the net taxable estate
a. 3,268,500
b. 3,278,750
c. 3,238,000
d. 3,228,000
112. the net distributable estate is
a. 3,278,750
b. 3,483,750
c. 5,483,750
d. 5,418,750
12,500
550,00
0
350,00
0
130,00
0