IN RE ESTATE OF LEWIS

No. 31778.

614 S.E.2d 695 (2005)

217 W.Va. 48

In re: Estate of Elizabeth M. LEWIS.

Supreme Court of Appeals of West Virginia.

Decided May 20, 2005.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Stephen Stockton, Senior Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellant.

John F. Hussell, IV, Esq., Staci Norman Criswell, Esq., Campbell, Woods, Bagley, Emerson, McNeer & Herndon, PLLC, Charleston, West Virginia, Attorneys for the Appellee.


STARCHER, J.:

In this appeal from the Circuit Court of Fayette County, the State Tax Commissioner appeals a December 30, 2003 order requiring the State of West Virginia to pay interest to a taxpayer on an overpayment of estate taxes, an overpayment that was promptly refunded to the taxpayer upon the taxpayer's request.

After careful consideration of the briefs and arguments of the parties, the statutes and constitutional provisions relied upon by the parties...

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