West Virginia Code § 11-10A-9

Appeal to Office of Tax Appeals; petition; answer
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(a) A proceeding before the Office of Tax Appeals appealing a tax assessment, a denial of a
tax refund or credit or any other order of the Tax Commissioner, or requesting a hearing
pursuant to the provisions of any article of this chapter which is administered pursuant to
article ten of this chapter, shall be initiated by a person timely filing a written petition that
succinctly states: e
(1) The nature of the case;
(2) The facts on which the appeal is based; and u
(3) Each question presented for review by the Office of Tax Appeals.
(b) Except where a different time for filing a petition isa specified elsewhere in this code, a
petition filed pursuant to subsection (a) of this section is timely filed if postmarked or hand
delivered to the Office of Tax Appeals within sixty dlays of the date a person received written
notice of an assessment, denial of a refund or credit, order or other decision of the Tax
Commissioner.
(c) The Office of Tax Appeals shall, within five days of receipt of a timely petition filed
pursuant to subsection (a) of this section, provide the Tax Commissioner with a copy of the
petition. The Tax Commissioner shall submit a written answer to the petition within forty
days of his or her receipt of the petition. The answer shall succinctly state:
(1) The nature of the case;
(2) The facts relied u pon by the Commissioner;
(3) An answer to each question presented for review.
(d) WA proceeding before the Office of Tax Appeals in other matters conferred by statute or
legislatively approved rules shall be initiated by filing a petition with the Office of Tax
Appeals in accordance with the provisions of the applicable statute or rule.

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