Clara L. Prevo - Page 10

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          the lack of a tolling provision analogous to section 6213(f),               
          this Court would have jurisdiction over this case.5                         
          We emphasize and note that Congress did not include in                      
          sections 6320 and 6330 a tolling provision comparable to section            
          6213(f) that would extend the period for petitioner to file a               
          petition for lien or levy action with the Court.  Although the              
          outcome in this case appears harsh, the gap in the collection               
          review procedures that this case highlights is not one that can             
          be closed by judicial fiat.  A remedy, if any, must originate               
          with Congress.  In the end, we are obliged to grant respondent’s            
          motion to dismiss for lack of jurisdiction.                                 
               To reflect the foregoing,                                              
                                              An order of dismissal for               
                                         lack of jurisdiction will be                 
                                         entered.                                     





          5See, however, sec. 6330(d), which provides in part:  “If a                 
          court determines that the appeal was to an incorrect court, a               
          person shall have 30 days after the court determination to file             
          such appeal with the correct court”.  We do not decide herein               
          whether our determination in this opinion that we lacked                    
          jurisdiction over the petition filed during the pendency of                 
          petitioner’s bankruptcy case means that we are or are not the               
          “incorrect” court for purposes of the above-quoted flush                    
          language.  If we were the “incorrect” court, petitioner would               
          have 30 days from the date decision is entered in this case to              
          refile in the “correct” court.  That issue, however, is not                 
          currently before the Court and was not briefed by the parties.              





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