Early IRA and Roth IRS distribution - Taxable?

My wife cashed in a traditional IRA and Roth IRA in October 2008 (We are both under 55). She is disabled and has been receiving social security disabliity since August 2008. Her IRA distribution was $800 on the 1099R (she actually received $790 with $10 fee charged by the IRA adminstrator), and her Roth IRA distribution was $850 (she converted an IRA to Roth in 1999 with $650 conversion amount). However, she neglected to tell her IRA adminitrator that she was disabled, so the traditional IRA 1099R shows code 1 (early distribtion with no exception), and the Roth IRA 1099R shows code J (early distribiton with no exception). I read pub 590 and the form instructions. As far as I can tell, if we treat these early distribution with no exception, we'll need to file both form 5329 and

8606. Here is what I figured

Form 8606 - to report early Roth IRA distribtion: line 19 - $850 distribtion line 22 - $150 contribution in 2000 and 2001 line 34 - $650 conversion basis from traiditonal IRA to Roth IRA in

1999 line 25c - $50 taxable amount to include in form 5329 (for 10% penalty) and form 1040 15b (for income)

Form 5329 - to report early IRA and Roth IRA distribution penalty line 1 - $850 - $800 from traditional IRA and $50 from Roth IRA (line

25c form 8606) line 2 - $0 - since the traditional IRA 1000R shows code 1 and Roth 1099R shows code J line 3 - $850 net amount line 4 - $85 - 10% penalty to include on form 1040 line 59 end of form 5329 input

So, on form 1040, line 15a would show $1,650 (800 IRA, 850 Roth), line

15b would show $850 (same as $ on form 5329 line 3, $800 for IRA, $50 for Roth) and line 59 would show $85 (10% of the $850 on form 5329 line 3).

Are my calculations correct?

Another question is, can we claim disablility even though the 1099Rs show code 1 and code J? On form 5329 line 2, it says to put on exception code. If I put in code 3 for traditioanl IRA disability (my wife is receiving social security disability, so I assume that she is qualified as permanently disabled). If I do that, what amount should I put on form 5329 line 2 - Is it $800 for IRA and $50 for Roth = $850 (so the penalty is 0), or is it just the traditional IRA distribution of $800 (so the only penalty is 10% of the $50 earnings from Roth $5)?

Also, I assume that regardless of disability, both IRA distribution of $800 and Roth IRA earnings of $50 are still taxable, so the 1040 line

15b is still $850?

Thank you for your help in advance.

Reply to
rck9876
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The 1099R codes are the issuer's best guess. They might not have known of the disability. If disability really applies, (doctors note) then code the 5329 as code 03 not code 1 and exlude the entire distribution from early distribution tax. (I wrote 03 from memory -- check to see it is the disability code.

Reply to
Arthur Kamlet

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