You have a valid case that an honest error was made. Therefore, the IRS should allow you to make the contribution. But to press your case and get IRS to agree is likely to requires assistance from a lawyer and an accountant or other experts. Is it worth it?Leaving the funds in the account in violation of the rules is one of your choices, and you might be able to get away with it. But personally for peace of mind, I would not risk it.
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