West Virginia Code § 11-10-13k

Authority to release levy and return property
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(a) Release of levy. -- It shall be lawful for the Tax Commissioner, under regulations
prescribed by him to release the levy upon all or part of the property or rights to property
levied upon where the Tax Commissioner determines that such action will facilitate the
collection of the liability, but such release shall not operate to prevent a subsequent levy.
(b) Return of property. -- If the Tax Commissioner determines that property has been
wrongfully levied upon, it shall be lawful for the Tax Commissioner to return:
(1) The specific property levied upon; u
(2) An amount of money equal to the amount of money levied upon; or
(3) An amount of money equal to the amount of moneya received by the State of West Virginia
from a sale of such property. Property may be returned at any time. An amount equal to the
amount of money levied upon or received from suclh sale may be returned at any time before
the expiration of nine months from the date of such levy. For purposes of paragraph (3), if
property is declared purchased by the State of West Virginia at a sale pursuant to section
thirteen-c (relating to manner and conditioins to sale), the State of West Virginia shall be
treated as having received an amount of money equal to the minimum price determined
pursuant to such section or (if larger) the amount received by the State of West Virginia
from the resale of such property.
(c) The Tax Commissioner shall, upon request, make public the names and persons in whose
favor a release of levy or return of property has been made in subsections (a) and (b).
(d) Interest. -- Intere st shall be allowed and paid at an annual rate established under section
seventeen-a: V
(1) In a case described in subsection (b)(2), from the date the Tax Commissioner receives the
money to a date (to be determined by the Tax Commissioner) preceding the date of return by
not more than thirty days; or
(2) In a case described in subsection (b)(3), from the date of the sale of the property to a
date (to be determined by the Tax Commissioner) preceding the date of return by not more
than thirty days.

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