Leslie H. Baker, Jr. v. United States

Fifth Circuit

Leslie H. Baker, Jr. v. United States

514 F.2d 722, 36 A.F.T.R.2d (RIA) 5199, 1975 U.S. App. LEXIS 14222

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 13, 1975

Docket75-1274

StatusPublished

Cited by1 cases

This text of 514 F.2d 722 (Leslie H. Baker, Jr. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Leslie H. Baker, Jr. v. United States, 514 F.2d 722, 36 A.F.T.R.2d (RIA) 5199, 1975 U.S. App. LEXIS 14222 (5th Cir. 1975).

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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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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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514 F.2d 722, 36 A.F.T.R.2d (RIA) 5199, 1975 U.S. App. LEXIS 14222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-h-baker-jr-v-united-states-ca5-1975.

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