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Taylor v. C.I.R.

United States Court of Appeals, Ninth Circuit
Feb 22, 2006
168 F. App'x 779 (9th Cir. 2006)

Opinion

Submitted February 13, 2006.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Page 780.

Thomasita Taylor, Phoenix, AZ, Pro Se.

Lynne L. Glasser, Donald L. Korb, Acting Chief Counsel Internal Revenue Service

, Robert J. Branman, Esq., Eileen J. O'Connor, Esq., Washington, DC, for Respondent-Appellee.


Appeal from a Decision of the United States Tax Court. Tax Ct. No. 14954-03.

Before: FERNANDEZ, RYMER, and BYBEE, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Thomasita Taylor appeals pro se from the Tax Court's decision in favor of the Commissioner of Internal Revenue ("Commissioner") in her action contesting deficiencies for tax years 1993 through 1996. We dismiss the petition for review.

A notice of appeal must be filed with the Tax Court clerk within ninety days of the Tax Court's decision. See 26 U.S.C. § 7483; Fed. R.App. P. 13(a)(1). Here, Taylor filed a notice of appeal with this court, but not with the Tax Court, within the ninety-day period. Although a notice of appeal, mis-filed in this court, is to be sent to the district court and deemed filed in the district court on the date it was received in the court of appeals, see Fed. R.App. P. 4(d), this rule does not extend to appeals from the Tax Court, see Fed. R.App. P. 14. Accordingly, we lack jurisdiction over the appeal.

DISMISSED


Summaries of

Taylor v. C.I.R.

United States Court of Appeals, Ninth Circuit
Feb 22, 2006
168 F. App'x 779 (9th Cir. 2006)
Case details for

Taylor v. C.I.R.

Case Details

Full title:Thomasita TAYLOR, Petitioner--Appellant, v. COMMISSIONER OF INTERNAL…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2006

Citations

168 F. App'x 779 (9th Cir. 2006)