- 11 - The terms of each GMC series obligated petitioner to pay interest at a rate stated on the face of its prospectus and to repay the face amount of the certificate to the holder. Principal payments were made annually. GMC holders received principal repayments in amounts equal to the greater of (1) minimum scheduled payments, or (2) monthly and other payments of principal petitioner received on the mortgages serving as collateral. Petitioner was unconditionally required to make annual principal payments to the GMC holders in an amount at least equal to the minimum levels specified, regardless of the amounts of principal received from the underlying mortgages. If mortgages that served as collateral paid down the principal amount faster than implied by the schedules of minimum payments, GMC holders received payments of principal at a faster rate than required by the schedule of minimum payments. GMCs holders had the option to require petitioner to purchase their certificates 7(...continued) interests in the Mortgages, the terms of the Certificates are such that for Federal income tax purposes * * * [petitioner] will not be selling undivided interests in the Mortgages but will be issuing debt obligations for which the Mortgages held by the Trustee are security. * * * On May 13, 1983, respondent revoked this private letter ruling and related rulings. See Priv. Ltr. Rul. 8337016 (May 23, 1983). Respondent does not presently regard GMCs as debt for tax purposes; however, under the provisions of sec. 7805(b), respondent has permitted petitioner to treat its GMCs issued before May 23, 1983, including all of the GMCs at issue in this case, as debt for tax purposes.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011