Estate of Howard Gilman, Deceased, Bernard D. Bergreen and Natalie Moody, Executors - Page 14

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          However, the estate reported total income of only $2,844,738 for            
          1998-2002 on its Forms 1041, U.S. Income Tax Return for Estates             
          and Trusts, for tax years 1998-2002.                                        
               On May 1, 2003, the estate prepared a draft fiduciary                  
          accounting which states that the estate paid $37 million from               
          principal to administer the estate.  As of October 8, 2003, the             
          executors had paid legal expenses to three law firms and                    
          consulting fees to two firms totaling $4,507,723.                           
               On November 24, 2003, the executors changed the amount of              
          administration expenses allocated to estate income from $1                  
          million to $4,507,723.                                                      
          G.   Surrogate’s Court Proceeding With Respect to Amount of                 
               Compensation Due to Bergreen                                           
               Bergreen and Moody as executors filed a petition on a date             
          not specified in the record in the Surrogate’s Court of the                 
          County of New York seeking approval of the amount of Bergreen’s             
          compensation.  The Surrogate’s Court supervised negotiations in             
          May 2003 between the State attorney general’s office, Bergreen,             
          and the independent directors of the foundation, in which the               
          parties agreed that Bergreen would be paid $12.5 million.                   

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