Dave W
Level 3

Bob, thank you very much for taking the time to reply. Yes, I am dealing with the 6% penalty here. Because it is cumulative, the total of 9 years' worth of 6% penalty will be in excess of $25,000. (Spouse funded Roth account each of those nine years.)

It is my understanding that the SOL doesn't start until the 5329's are filed but I am most willing to listen to any arguments to the contrary. And I have seen nothing in my research that even mentions the possibility of a reasonable case waiver for the 6% but, again, I am most willing to listen to any arguments to the contrary.

I will share your idea of annulment with clients. I hope they find it as amusing as I did!

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