514 F2d 722 Baker v. United States
514 F.2d 722
75-2 USTC P 9544
Leslie H. BAKER, Jr., Plaintiff-Appellant,
UNITED STATES of America, Defendant-Appellee.
United States Court of Appeals,
June 13, 1975.
Leslie H. Baker, Jr., pro se.
Frank D. McCown, U. S. Atty., William L. Johnson, Jr., Asst. U. S. Atty., Ft. Worth, Tex., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Harry Marselli, William M. Brown, Gilbert E. Andrews, Acting Chief, App. Section, U. S. Dept. of Justice, Washington, D. C., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Texas.
Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.
In this second go around1 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.