Belgarath
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Excise Tax Penalty End Run?
Belgarath replied to Fred Payne's topic in Distributions and Loans, Other than QDROs
Be very careful with the "mistake of fact" approach. The mere nondeductibility of a contribution is NOT a mistake of fact. Take a look at Rev. Proc. 90-49, as well as IRS Notice 89-52, and PLR 9144041. I think you'll find that your situation won't allow use of this.