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I strongly urge you not to. This is called filing a false document. The instructions for the 5329 clearly state that the home
purchase exception applies only to IRA distributions.

Why is this not suprising from a former Revenuer? :-)

Hey, My job was Environmental Compliance at the State Agency I left, so I understand what you're saying. The law is the law. Ignorance and misunderstanding is no defense.

It's a tax return, not a game of "Catch Me if
You Can."

Sure it is. In the Environmental world it's exactly the same. Everyone subject to Environmental Law plays that game hoping not to get caught. Jail time and substatial fines for non compliance are the risk in both worlds. Not much difference.

I probably won't file a 5329 based on your advice. No use in fighting it. I've been on the other side. Still not happy about it though. I already pay someone's salary in Federal taxes. Married with no kids gets you smacked.

Thanks for your help,
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