U.S. Court of Appeals for the Fifth Circuit, 1975

Leslie H. Baker, Jr. v. United States

Leslie H. Baker, Jr. v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided June 13, 1975 · Brown, Godbold, Gee
514 F.2d 722; 36 A.F.T.R.2d (RIA) 5199; 1975 U.S. App. LEXIS 14222 (Federal Reporter, Second Series)

Leslie H. Baker, Jr. v. United States

Opinion

PER CURIAM:

In this second go around 1 Taxpayer asserts that brokerage and related expenditures in the purchase of securities are not to be added to the price paid to the seller but should be deducted as an expense. Similarly, he argues that such costs of sale are not to be deducted from the sales proceeds from the buyer. Despite the earnestness of his contentions they come too late. For the law has held to the contrary. Woodward v. Commissioner, 1970, 397 U.S. 572, 574—75, 90 S.Ct. 1302, 1304, 25 L.Ed.2d 577, 581; Spreckles v. Commissioner (Helvering), 1942, 315 U.S. 626, 62 S.Ct. 777, 86 L.Ed. 1073; Commissioner (Helvering) v. Winmill, 1938, 305 U.S. 79, 59 S.Ct. 45, 83 L.Ed. 52; Meade v. Commissioner, 5 Cir., 1974, 489 F.2d 161; Helis v. Usry, 5 Cir., 1972, 464 F.2d 330.

Affirmed.

1

. Baker v. District Director, 5 Cir., 1972, 468 F.2d 199.

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