Some of those exceptions to the 10% penalty are specific to IRAs only, but I don't think that's one, as I read it.You're correct, as confirmed by Pub 575. For lurkers, the problem arose because OP didn't file the 5329 with the return in question. The IRS has no way of knowing the distribution qualified for the penalty exception if the taxpayer doesn't tell them.PhilRule Your Retirement Home Fool
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