(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;
(2) An amount of money equal to the amount of money levied upon; or
(3) An amount of money equal to the amount of money 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 such 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 conditions
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)
(d) Interest.--Interest shall be allowed and paid at an annual rate established under
(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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