The trustee has received an IRS levy on a participant's 401(k) account balance. The participant had rolled over to this plan a large balance from previous employer's plan. The document allows for withdrawals of rollover contributions at any time. The employee has agreed to the levy in order to stop additional interest and penalties from accruing on the amount due IRS. Is this distribution subject to the mandatory 20% withholding?

If the levy truly garnishes a 401(k) plan [read it carefully] and if the payment is a lump-sum payment that would be eligible for rollover, it is subject to 20% withholding.

PLR 200426027 states the IRS position