| D. A return that was due monthly was filed and paid less | than one month late and all of the taxpayer's returns and | payments during the preceding 12 months were timely; |
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| E. A return that was due other than monthly was filed and | paid less than one month late and all of the taxpayer's | returns and payments during the preceding 3 years were | timely; |
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| F. The taxpayer has supplied substantial authority | justifying the failure to file or pay; or |
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| G. The amount subject to a penalty imposed by subsections | 1, 2 and 4-A; and subsection 5-A is de minimis when | considered in relation to the amount otherwise properly | paid, the reason for the failure to file or pay and the | taxpayer's compliance history. |
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| The burden of establishing grounds for waiver or abatement is on | the taxpayer. |
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| | Sec. 6. 36 MRSA §191, sub-§2, ¶R, as corrected by RR 2003, c. 2, §114, | is amended to read: |
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| R. The disclosure to the Department of Health and Human | Services of information relating to the administration and | collection of the tax taxes imposed by chapter 358, chapter | 373 and, chapter 375 and chapter 377; |
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| | Sec. 7. 36 MRSA §191, sub-§2, ¶BB, as amended by PL 2003, c. 668, §9 | and affected by §12 and amended by c. 689, Pt. B, §6, is further | amended to read: |
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| BB. The disclosure to an authorized representative of the | Department of Health and Human Services, Office of Head | Start and Child Care and Head Start of taxpayer information | directly relating to the certification of investments | eligible for or the eligibility of a taxpayer for the | quality child care investment credit provided by section | 5219-Q; and |
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| | Sec. 8. 36 MRSA §191, sub-§2, ¶CC, as enacted by PL 2003, c. 668, §10 | and affected by §12, is amended to read: |
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| CC. The disclosure to an authorized representative of the | Department of Professional and Financial Regulation of | information necessary for the administration of Title 10, | chapter 222.; |
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