Federal Home Loan Mortgage Corporation - Page 25

                                       - 25 -                                         
          the stipulated price.  See Estate of Franklin v. Commissioner, 64           
          T.C. at 763-764.                                                            
               In an option contract, the seller agrees to hold an offer              
          open for a specified period of time.  Old Harbor Native Corp. v.            
          Commissioner, supra at 201.  It is clear that the prior approval            
          purchase contracts establish a specific time for an originator to           
          exercise its right to sell the mortgage to petitioner.                      
               Petitioner granted an option for consideration.  The                   
          Sellers’ and Servicers’ Guide states:                                       
                    A commitment fee of 2 percent of the amount of the                
               purchase contract must be submitted by the                             
               [originator] with the executed purchase contract.                      
               Three-fourths of the commitment fee is refundable on                   
               the Freddie Mac funding date, when the mortgage,                       
               meeting all of the terms of the purchase contract and                  
               section 3803, is delivered to the applicable Freddie                   
               Mac regional office on or before the delivery date                     
               stated in the purchase contract.                                       
          When petitioner and an originator entered into a prior approval             
          purchase contract, petitioner was entitled to retain the 0.5-               
          percent nonrefundable portion of the commitment fee.  This                  
          nonrefundable portion of the commitment fee constitutes                     
          consideration to petitioner for granting an option.                         
               2.   Economic Substance of the Option                                  
               An essential part of any option is that its potential value            
          to the optionee and its potential future detriment to the                   
          optionor depends on the uncertainty of future events.  An                   
          optionee is willing to pay for potential future value, and the              
          optionor is willing to accept a potential future detriment for a            




Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011