TaxGuyBill
Level 15

If you prepare the 2022 return, yes, I would do it without the 1/3 distribution.

You should tell them of the 2021 error and tell them it should be amended.  You can't make them amend it and whether they do it or not won't affect the correct 2022 return.  But they should know that if they don't amend, the IRS will send notices (unsure if they will be for 2021 for doing it wrong, or 2022 for a supposedly missing 1/3 distribution).

If they don't amend and if you decide to prepare 2022, I would make sure that you have everything in writing and that they signed what you told them.  Otherwise, they could "throw you under the bus" and blame you when they receive IRS notices.

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