Federal Home Loan Mortgage Corporation - Page 13

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          claims that “Once the debtor enters into a debt obligation for a            
          fixed rate, a subsequent increase in market rates of interest               
          over the obligation’s fixed contract rate does not create an                
          asset, amortizable or otherwise.”  Respondent claims that                   
          petitioner’s favorable financing involves only the differential             
          between market rates of interest and the contract rates of                  
          interest stated in petitioner’s debt obligations.  Respondent               
          argues that this differential is not an asset, it is                        
          “fortuitous”, and it is “not a function of an expenditure”.                 
               Respondent’s contentions are similar to the arguments the              
          Commissioner made in Ithaca Indus., Inc. v. Commissioner, 97 T.C.           
          253 (1991), affd. 17 F.3d 684 (4th Cir. 1994).  In that case, the           
          taxpayer sought to amortize the value of certain favorable raw              
          material contracts that it had purchased as part of a stock                 
          acquisition.  We held that the favorable raw material contracts             
          constituted an intangible asset subject to amortization.  Id. at            
          275.  We stated in that case:                                               
                    Respondent argues that the life of the contracts                  
               is indefinite because any value inhering in the                        
               contracts exists only so long as the favorable price                   
               spread is predicted to exist.  Respondent argues that                  
               because yarn prices fluctuate, it is impossible to                     
               predict with any accuracy the length of time the spread                
               would exist.  We find this argument unpersuasive.  The                 
               favorable spread of the contracts is not the asset                     
               being amortized.  The asset is the contracts                           
               themselves.  The favorable spread is used only to                      
               determine the value of the contracts.  [Id. at 274.]                   








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