Federal Home Loan Mortgage Corporation - Page 31

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          immediate delivery purchase contract and avoided any commitment             
          fee.  The prior approval purchase contracts provided an                     
          originator with protection in the event it could not deliver a              
          mortgage to petitioner.  Thus, despite the fact that originators            
          delivered mortgages to petitioner in approximately 99 percent of            
          the prior approval purchase contracts, originators were                     
          apparently willing to pay a premium for the option because they             
          were uncertain about when or whether they would in fact have a              
          mortgage to sell to petitioner.                                             
               3.   Rationale for Option Treatment                                    
               The policy rationale for the tax treatment of an option as             
          an open transaction is that the outcome of the transaction is               
          uncertain at the time the payments are made.  That uncertainty              
          prevents the proper characterization of the premium at the time             
          it is paid.  See Dill Co. v. Commissioner, 33 T.C. 196, 200                 
          (1959), affd. 294 F.2d 291 (3d Cir. 1961).  “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 option.”  Rev. Rul. 58-234, 1958-1             
          C.B. at 283.                                                                
               Respondent argues that open transaction treatment is                   
          inappropriate because petitioner had a fixed right to the                   
          nonrefundable portion of the commitment fee at the time the prior           




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