While I agree with Phil with regard to the need for your mother to have taken a distribution based on your father's 12/31/06 balance, I would handle the penalty differently.Rather than paying the 50% penalty and then asking for a refund, I would ask for a waiver directly on the 5329. See the page 6 of instructions for Form 5329, www.irs.gov/pub/irs-pdf/i5329.pdf.Ira
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