- 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 aPage: 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