Return of Wrongfully Levied Property

1. Law
2. Tennessee Code
3. Taxes and Licenses
4. General Provisions
5. Tax Enforcement Procedures Act
6. Return of Wrongfully Levied Property

1. If the commissioner or the commissioner's delegate determines that property has been wrongfully levied upon, it shall be lawful for the commissioner or the commissioner's delegate to return:
   1. The specific property levied upon;
   2. An amount of money equal to the amount levied upon; or
   3. An amount of money equal to the amount of money received by the state from a sale of such property.
2. 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 (9) months from the date of such levy. For purposes of subdivision (a)(3), if property is declared purchased by the state at a sale pursuant to § 67-1-1418(a), relating to manner and conditions of sale, the state 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 from the resale of such property.

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