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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.

Thanks, Ira. That'll teach me not to look and see whether they've changed the procedure. (My copy of the 5329 instructions was the 2004 version.)

Note to OP. Note that the waiver request includes that you are "taking steps" to correct the underdistribution. I don't need to tell you, this is complicated by your mother's death.

So that brings me, at least, to this question. Who are the beneficiaries of your mother's IRA?

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