- 32 - v. Commissioner, a Memorandum Opinion of this Court dated Mar. 11, 1954. Petitioners state that, as part of the cost basis and the selling price, such expenses form part of the loss from the trading which is otherwise allowable under DEFRA section 108(c). Petitioner's reliance on section 1.263(a)-2(e), Income Tax Regs., Spreckles v. Helvering, supra, and Soeder v. Commissioner, supra, is unfounded since both the regulations and the cases cited deal with taxpayers who were involved in securities or commodities transactions entered into primarily for profit. Since we have found that petitioner entered into the Hunter gold futures program in order to obtain substantial tax benefits, the above-listed fees paid by petitioner constitute payments to purchase tax deductions and do not form part of the cost basis of petitioner's gold contracts or reduce the selling price of those contracts. Therefore, the fees paid by petitioner are nonde- ductible personal expenditures. Ewing v. Commissioner, 91 T.C. at 421; Brown v. Commissioner, 85 T.C. 968 (1985), affd. sub nom. Sochin v. Commissioner, 843 F.2d 351 (9th Cir. 1988); Zmuda v. Commissioner, 79 T.C. 714 (1982), affd. 731 F.2d 1417 (9th Cir. 1984); Houchins v. Commissioner, 79 T.C. 570 (1982); see also Falsetti v. Commissioner, 85 T.C. 332 (1985). The 1982 Deduction Petitioners contend that, if the Court determines that the spread transactions were not entered into for profit, DEFRAPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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