Ryskamp v. Commissioner of Internal Rev

Case: 14-1398 Document: 8 Page: 1 Filed: 05/29/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ JOHN RYSKAMP, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. ______________________ 2014-1398 ______________________ Appeal from the United States Tax Court in No. 013681-11L. ______________________ ON MOTION ______________________ Before RADER, Chief Judge, NEWMAN and HUGHES, Circuit Judges. PER CURIAM. ORDER The Commissioner of Internal Revenue moves to dis- miss this appeal for lack of jurisdiction. John Ryskamp responds. Case: 14-1398 Document: 8 Page: 2 Filed: 05/29/2014 2 RYSKAMP v. COMMISSIONER OF INTERNAL REV Ryskamp appeals from an order of the United States Tax Court granting the government’s motion for summary judgment and allowing it to collect Ryskamp’s federal income tax liability. * A second notice of appeal was docketed with the United States Court of Appeals for the District of Columbia Circuit. This court does not have jurisdiction to review deci- sions of the United States Tax Court. 26 U.S.C. § 7482(a)(1) (“The United States Courts of Appeals (other than the United States Court of Appeals for the Federal Circuit) shall have exclusive jurisdiction to review the decisions of the Tax Court . . .”). Because the United States Court of Appeals for the District of Columbia Circuit has already received and docketed this matter, dismissal of this appeal before this court is appropriate, rather than transfer. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s26 Ryskamp’s petition for writ of mandamus regarding * the United States Tax Court case was recently dismissed by this court for lack of jurisdiction. See In re Ryskamp, No. 2014-112 (Fed. Cir. Mar. 27, 2014). Case: 14-1398 Document: 8 Page: 3 Filed: 05/29/2014 RYSKAMP v. COMMISSIONER OF INTERNAL REV 3 ISSUED AS A MANDATE: May 29, 2014