> Deanna  wrote:
> So, my husband's company went belly up and he had a small retirement

My wife who's usually knowledgable about these things says this:

I'd say do the IRA if a) the $ is a decent amount and b) she can come
up with the amount taken out as taxes.

The issue is that unless she makes a "whole" contribution (meaning the
check she received + the taxes that were withheld), there will still
be a penalty.   If the investment co. took out the taxes in 2004
(i.e., these taxes showed up on her 2004 1099-R), she could recover
the tax $ quickly by putting the money (check + make-up-taxes cash)
into a 2004 IRA (still an option until 4/15/05) and filing an amended
tax return for 2004.

If not, same process, but will have to be a 2005 IRA, and she won't
get the cash for the overpaid taxes until she files her 2005 return. 
The "credit" should essentially be a refund of overpaid taxes. 
There's no fixed "credit" - it's just that she will now have overpaid
$X (whatever was taken out as taxes) and should get $X back.

The other option is to fight with the credit union / investment
company.  That may be worthwhile if she can't come up with the cash to
replace the taxes, which is especially likely if the 401k was of a
decent size (e.g. 401k was $50k and now she needs to come up with $50k
* 20% taxes withheld = $10k).  Also, if it's a decent size, that means
the 10% penalty may be substantial.


She also added, "at least I think that's right."

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