Federal Home Loan Mortgage Corporation - Page 20

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          alternative choice” to exercise the option or to allow it to                
          lapse.  Id. at 895; see also Halle v. Commissioner, 83 F.3d 649,            
          654 (4th Cir. 1996), revg. and remanding Kingstowne L.P. v.                 
          Commissioner, T.C. Memo. 1994-630; Koch v. Commissioner, supra at           
          82.  Thus,                                                                  
               the clear distinction between an option and a contract                 
               of sale is that an option gives a person a right to                    
               purchase [or sell] at a fixed price within a limited                   
               period of time but imposes no obligation on the person                 
               to do so, whereas a contract of sale contains mutual                   
               and reciprocal obligations, the seller being obligated                 
               to sell and the purchaser being obligated to buy.                      
               [Koch v. Commissioner, supra at 82.]                                   
               Option payments are not includable in income to the optionor           
          until the option either has lapsed or has been exercised.                   
          Kitchin v. Commissioner, 353 F.2d 13, 15 (4th Cir. 1965), revg.             
          T.C. Memo. 1963-332; Va. Iron Coal & Coke Co. v. Commissioner, 99           
          F.2d 919 (4th Cir. 1938), affg. 37 B.T.A. 195 (1938); Elrod v.              
          Commissioner, supra at 1066-1067; Koch v. Commissioner, supra at            
          89.  In Rev. Rul. 58-234, 1958-1 C.B. 279, 283-284, the                     
          Commissioner has reiterated these same principles:                          
                    An optionor, by the mere granting of an option to                 
               sell (“put”), or buy (“call”), certain property, may                   
               not have parted with any physical or tangible assets;                  
               but, just as the optionee thereby acquires a right to                  
               sell, or buy, certain property at a fixed price during                 
               a specified future period or on or before a specified                  
               future date, so does the optionor become obligated to                  
               accept, or deliver, such property at that price, if the                
               option is exercised.  Since the optionor assumes such                  
               obligation, which may be burdensome and is continuing                  
               until the option is terminated, without exercise, or                   
               otherwise, there is no closed transaction nor                          
               ascertainable income or gain realized by an optionor                   
               upon mere receipt of a premium for granting such an                    




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