Lynne M. Smith, Petitioner, and Stanley J. Smith, Intervenor - Page 7




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          that, pursuant to a levy issued to Anthony Arcodia, Jr. (Mr.                
          Arcodia), an attorney who was holding in escrow the proceeds of             
          the sale of the former residence of petitioner and the inter-               
          venor, Mr. Arcodia paid on April 27, 2006, the liability for tax            
          with respect to, inter alia, each of petitioner’s taxable years             
          1998 and 2002.  Although petitioner makes various claims in                 
          petitioner’s response to the Court’s Order that that levy was               
          unlawful, the fact remains that there was no liability for tax              
          for petitioner’s taxable year 1998 or her taxable year 2002 that            
          remained unpaid on or after December 20, 2006, the date of the              
          enactment of the Act.2                                                      
               We hold that the amendment to section 6015(e)(1) that the              
          Act made does not apply in the instant case.  We further hold               
          that we do not have jurisdiction over the instant case to deter-            
          mine whether petitioner is entitled to relief under section                 
          6015(f) where no deficiency has been asserted with respect to               
          petitioner’s taxable year 1998 or her taxable year 2002.  Bill-             
          ings v. Commissioner, 127 T.C. 7 (2006).                                    


               2Assuming arguendo (1) that we had the authority in the                
          instant case to determine whether the levy issued to Mr. Arcodia            
          was valid and (2) that we were to determine that that levy was              
          invalid, the fact nonetheless remains that there was no liability           
          for tax for petitioner’s taxable year 1998 or her taxable year              
          2002 that remained unpaid on or after Dec. 20, 2006, the date of            
          the enactment of the Act.  That would be true even if petitioner            
          were entitled to a refund of the amount that Mr. Arcodia paid on            
          Apr. 27, 2006, with respect to the tax liability for each of                
          those years.                                                                





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