Federal Home Loan Mortgage Corporation - Page 3

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          Petitioner claims overpayments of $57,775,538 for 1987,                     
          $28,434,990 for 1988, $32,577,346 for 1989, and $19,504,333 for             
          1990.                                                                       
               In this Opinion, we decide whether certain nonrefundable               
          commitment fees that mortgage originators paid to petitioner to             
          enter into Conventional Multifamily Prior Approval Purchase                 
          Contracts (prior approval purchase contracts) are to be                     
          recognized when those fees are paid or should be treated as                 
          premium for “put” options, which would defer recognition until              
          after delivery or nondelivery of the underlying mortgages.1  This           
          issue is one of several involved in these cases.2                           
                                     Background                                       
               The parties submitted this issue fully stipulated pursuant             
          to Rule 122.3  The stipulations of fact and the attached exhibits           
          are incorporated herein by this reference.  At the time it filed            
          the petitions, petitioner maintained its principal office in                



               1 The adjustments proposed in the notices of deficiency for            
          1985 through 1990 pertaining to the commitment fee issue included           
          a small amount of commitment fees related to single-family                  
          optional delivery mixed in with the prior approval program.  The            
          parties have since resolved the commitment fee issue as to the              
          single-family program.                                                      
               2 See Fed. Home Loan Mortgage Corp. v. Commissioner, 121               
          T.C. 129; 121 T.C. 254; 121 T.C. 279 (2003); T.C. Memo. 2003-298.           
               3 All Rule references are to the Tax Court Rules of Practice           
          and Procedure, and all section references are to the Internal               
          Revenue Code in effect for the taxable years in issue.                      





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