Legal Opinion

Fed. Home Loan Mortg. Corp. v. Comm'r

United States Tax Court

Decided November 21, 2005No. 3941-99; 15626-99Published

P received commitment fees for entering into prior approval purchase contracts with mortgage originators. The contracts obligated P to purchase mortgages from originators during a specified period of time pursuant to a pricing formula but did not require the originators to sell mortgages to P. The commitment fees equaled 2.0 percent of the principal amount of the mortgages.

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P received commitment fees for entering into prior approval purchase contracts with mortgage originators. The contracts obligated P to purchase mortgages from originators during a specified period of time pursuant to a pricing formula but did not require the originators to sell mortgages to P. The commitment fees equaled 2.0 percent of the principal amount of the mortgages. The commitment fees consisted of a 0.5-percent nonrefundable portion and a 1.5-percent refundable portion. In the taxable years 1985 through 1990, P treated the 0.5-percent nonrefundable portion of the commitment fees as…

1Opinion of the Court

FEDERAL HOME LOAN MORTGAGE CORPORATION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Fed. Home Loan Mortg. Corp. v. Comm'r

No. 3941-99; 15626-99

United States Tax Court

125 T.C. 248; 2005 U.S. Tax Ct. LEXIS 33; 125 T.C. No. 12;

November 21, 2005, Filed

Fed. Home Loan Mortg. Corp. v. Commissioner, 121 T.C. 279, 2003 U.S. Tax Ct. LEXIS 44 (2003)

P received commitment fees for entering into prior approval

purchase contracts with mortgage originators. The contracts

obligated P to purchase mortgages from originators during a

specified period of time pursuant to a pricing formula but did

not…

2Cases cited23 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. Estate of Charles T. Franklin, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1976
  3. Commissioner v. TuftsSupreme Court of the United States · 1983
  4. Estate of Franklin v. CommissionerUnited States Tax Court · 1975
  5. Ernest J. Saviano and Margaret Saviano v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1985

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