Interesting. Apparently the IRS did not understand that this rollover was disallowed and must be treated as an excess IRA contribution that is not rollover eligible, and a conversion is a rollover. Sometimes IRS inquiries overlook basic code requirements.You can do a Roth conversion since you have basis in the IRA funds from the original Roth 401k. Of course, any earnings in the traditional IRA would be taxable. We had a client do this under the same circumstances that held up under IRS inquiry.
I wouldn't count on this working again with scrutiny from a different IRS examiner.
Statistics: Posted by Alan S. — Tue Dec 17, 2024 12:26 pm — Replies 2 — Views 632