benefitsguru Posted February 21, 2014 Share Posted February 21, 2014 Help! My brokerage firm didn't process my request for a distribution from my IRA last year (its not a minimum required distribution). The firm processed it this year despite my instructions. Is there any way to appeal to the IRS since it's not my fault? Link to comment Share on other sites More sharing options...
masteff Posted February 21, 2014 Share Posted February 21, 2014 ? Why? because you changed tax brackets and the tax would be less if incurred last year? Generally speaking, you're a cash basis taxpayer which means you report it in the year distributed. The one position you could take is constructive receipt. Search the term in IRS Pub 538. I offer no opinion as to whether that claim would have merit or not in your particular circumstances of which I do not have all pertinent facts; you are entirely responsible for reaching that conclusion yourself. If you asserted constructive receipt, you would report it in 2013 and then in 2014, since they'll be matching your 1040 to any 1099-Rs, you'd put on the appropriate 1040 line in box a and then in box b you'd put zero taxable since you paid the tax in 2013 under constructive receipt. Of course, you might start w/ the brokerage and request that they issue a 1099-R on the grounds of constructive receipt (actually, I'd do it in the form of a letter). Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra Link to comment Share on other sites More sharing options...
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