Home Loan Mortgage Corporation
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125 T.C. No. 12
UNITED STATES TAX COURT FEDERAL HOME LOAN MORTGAGE CORPORATION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No...
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T.C. Memo. 2006-153
UNITED STATES TAX COURT FEDERAL HOME LOAN MORTGAGE CORPORATION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docke...
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Gerard H. Hanson (argued), Todd J. Leon, Hill Wallack, Princeton, NJ, for Appellees/Cross-Appellants FHMLC and Federal Insurance Company.
Before FUEN...
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In the Federal Home Loan Mortgage Corp. v. Commr. case, the petitioner received commitment fees for entering into prior approval purchase contracts with mortgage originators. The commitment fees equaled 2% of the principal amount of the mortgages. The commitment fees consisted of a 0.5% nonrefundable portion and a 1.5% refundable portion. In the taxable years 1985 through 1990, the petitioner treated the 0.5% nonrefundable portion of the commitment fees as premiums received for writing put options. The IRS determined that the nonrefundable commitment fees should have been reported in the taxable year that the petitioner received the payment. The Tax Court held that, in substance and form, the petitioner's prior approval purchase contracts were put options, and the petitioner properly re...
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David A. Branch argued the cause and filed the briefs for appellant.
Nancy R. Kuhn argued the cause for appellees. With her on the brief were Diane M...
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