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MIDTERM Long Quiz - Theories Answer Key
MIDTERM Long Quiz - Theories Answer Key
SECTION: DATE:
GENERAL INSTRUCTION: PLEASE HAVE A SUMMARY B. The land must be excluded in Ms. B’s
OF YOUR ANSWERS IN A SEPARATE SHEET OF gross estate upon her death.
PAPER. STRICTLY FOLLOW INSTRUCTIONS. C. The land must be excluded in Mr.
MULTIPLE CHOICE: Choose the best answer. Use C’s gross estate upon his death.
capital letters. (1pt) D. None of these
14. Which obligation is deductible against gross B 7. S1: The donee-decedent of a special power of
estate? attorney only holds the property in trust, hence,
A. Bank loans acquired for the medication of the the property shall be part of the donee-
decedent decedent’s gross estate.
B. Obligations of the surviving spouse S2: A revocable transfer shall be included in the
C. Income tax of the decedent before death gross estate of the decedent-transferor even
D. Real property tax of the separate property of though the power to revoke was not exercised.
the decedent accrued after death
B 8. S1: The power of the decedent-transferor to
15. Amounts receivable by the estate of the deceased, his revoke terms may be exercised just once.
executor or administrator as an insurance under S2: Special deductions do not reduce the
the policy taken by the decedent upon his own life hereditary estate of the heirs.
is:
A. Excluded from the gross estate D 9. S1: The power of appointment is “general”
B. Part of the gross estate regardless of when the power of appointment authorizes the
designation donee of the power to appoint only from a
C. Part of the gross estate if the beneficiary is designated class of persons other than himself.
revocable S2: Taxes and obligations accruing after death
D. Part of the gross estate if the beneficiary is are deductible from gross estate.
irrevocable.
C 10. S1: Non-resident alien decedents can claim
TRUE or FALSE: In capital letters, write A – if only deductions for losses, indebtedness, and taxes.
statement 1 is true; B – if only statement 2 is true; C – S2: Properties subject to mortgage are
if both statements are true; D – if both statements are presented in gross estate at an amount gross of
false. (2pts) the mortgage.
C 1. S1: Regardless of the relationship of the donee,
donations made by the donor shall be subject to A 11. S1: If either of the spouse did not consent to the
6% donor’s tax rate in excess of P250,000 donation of a conjugal or communal property,
exempt gifts. there is only one donor for purposes of donor’s
S2: Donations made by or in favor of juridical tax.
persons shall be subject to 6% donor’s tax rate in S2: A donation can be both part of the gross gift
excess of P250,000 exempt gifts. of the donor and taxable income of the donee.
A 2. S1: Tax credit for foreign estate tax is allowed to A 12. S1: In donor’s tax, no extension of time for filing
minimize the effect of multiplicity of situs. the donor’s tax return is allowed.
S2: Tax credit for foreign estate tax is allowed to S2: If on any one date, there is a donation by
maximize the effect of indirect double taxation. one donor to his relative and another one to a
stranger, there will be two separate donor’s tax
D 3. S1: The property regime of the spouses may be return to be filed.
agreed upon during the marriage.
D 13. S1: Properties received by way of gifts are
S2: The properties of a spouse without any
descendant from a prior marriage are communal exclusive properties.
properties. S2: All fruits accruing before or after the
marriage are conjugal properties.
B 4. S1: All forms of gratuitous transmission of property
C 14. S1: Non-listed common stocks are valued at
while the donor is living is considered donation
inter-vivos. their book value.
S2: In taking inventory, properties are generally S2: Transfers in contemplation of death are
presumed common unless proven as exclusive of donations made intervivos but are actually
either spouse. donation mortis causa.
A 5. S1: Claims against insolvent persons may be A 15. S1: As a rule, all properties of the donor existing
charged against exclusive properties. at the point of death constitute his donation
S2: Non-resident alien decedents can claim only mortis causa.
a proportion of losses, indebtedness, taxes and S2: Donations to donees abroad are exempt
transfers for public purpose. from donor’s tax.