TITLE 63

REVENUE AND TAXATION

CHAPTER 42

ILLEGAL DRUG STAMP TAX ACT

63-4211.  Third party and exemption claims — Actions against state of Idaho. (1) Any person claiming that the property levied upon and seized by the commission for the collection of any tax, penalty, interest or other amounts due under this chapter is either:

(a)  the property of a person other than a person against whom taxes sought to be collected under this chapter have been assessed, or

(b)  the property is property exempt from levy to enforce a claim for state taxes under chapter 6, title 11, Idaho Code,

may, within fourteen (14) days of the date of the levy, file a written claim with the commission setting forth the grounds for the claim. The commission shall grant or deny the claim in a written notice to the claimant within fourteen (14) days of the commission’s receipt of the claim.

(2)  A denial of a claim under subsection (1) of this section by the commission may be reviewed in the district court for Ada county or the county the property was seized or is then located by a complaint filed by the claimant against the commission within thirty (30) days after the mailing of the notice denying the claim, in whole or in part. Upon the serving of summons upon the commission the case shall proceed as other civil cases and shall be heard by the court without a jury. Only the state of Idaho shall be responsible for any final money judgment secured against the commission, and said judgment shall be paid or satisfied out of the state refund fund created in section 63-3067, Idaho Code.

History:

[63-4211, added 1993, ch. 9, sec. 4, p. 29.]