Levy release or tax warrant surrender; grounds

Sec. 9. (a) This section does not apply to a jeopardy tax warrant issued under IC 6-8.1-5-3. (b) The department shall release a levy on property or request the sheriff to surrender a tax warrant to the department if: (1) the expense of the sale process exceeds the liability for which the levy is made; (2) the proceeds of the sale would not reduce the tax liability by the lesser of: (A) ten percent (10%) of the liability; or (B) one thousand dollars ($1,000); or (3) the advocate, appointed under IC 6-8.1-11-3, orders: (A) the release of the levy; or (B) the return of the tax warrant by the sheriff; upon submitting a written finding to the commissioner that the levy threatens the health or welfare of the taxpayer or the taxpayer's spouse, family, or dependents. As added by P.L.332-1989(ss), SEC.31.