"The IRS cannot give the money to anyone other than WMI Inc." -- I disagree. That isn't what's happening in the INTERIM.
The August 27th order, which THJMW signed, does create a 3-way "joint" owned account - WMI, JPM, FDIC - into which THJMW has agreed to let the IRS refund flow.
Docket 5365 of Aug 27th that THJMW signed:
ORDER APPROVING STIPULATION REGARDING ESTABLISHMENT OF SEGREGATED ACCOUNT FOR TAX-RELATED PAYMENTS
http://www.ghostofwamu.com/documents/08-12229/08-12229-5365.pdf
Then, on 9/7, WMI through WGM stated that is where the IRS monies would go:
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Kelly: ...any refunds that come from these settlements with the IRS will be deposited into the escrow account that was set up pursuant to the stipulation among the parties which you approved by order dated August 27 and the monies will sit there pending approval of the global settlement agreement so there really are 2 separate issues
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On 9/7, THJMW ruled that would be where the IRS monies would go:
Judge: ... I will approve the {IRS} settlement reserving the right to object to the plan.
She is approving what Kelly said above, but reserving the right to disapprove of the dispersal "divvying" later.
But what she approved was the IRS Settlement Monies going into the "3-way" escrow account, _NOT_ a WMI controlled account. The "monies" when received are "jointly owned" until THJMW decides how they really should be disbursed.
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Now, as far as the IRS is concerned, they SPECIFICALLY said that they weren't going to get in the middle of this, and would let the Bankruptcy court decide of the ownership of the monies.
While this IRS Settlement was being negotiated, the IRS stated on June 29, 2010 to Curt Brouwe, WMI's Executive VP and Tax director the following:
"The Service expresses no opinion regarding who is ultimately entitled to any resulting refunds."
Signed by the IRS's Charles Davis
Source: PDF page 38 - http://www.kccllc.net/documents/0812229/0812229100813000000000004.pdf
And that letter had to be countersigned by WMI, and was, and returned to the IRS.
So, based on what THJMW has currently approved, the IRS Settlement is "accepted" by her, and the monies will be put into the "3-way" "escrow" account, and that account is "owned, jointly" by WMI, FDIC and JPM, but the monies are "in limbo" until THJMW makes a final ruling.
So, those monies, IMHO, will _NOT_ appear on the MOR, since their final disbursal, amounts, etc have not yet been approved by THJMW.