Oops - contribution went to the wrong place

[Blinky the 3-eyed Fish]

Does anyone have any experience or know of case law where an intended DB contribution went to the wrong place? I have a situation presented by a colleague where a terminating DB plan paid out the assets. The owner's amount was short, so they funded the contribution to make up his shortfall many months later, but by the due date of the tax return for the year of termination. The problem is that the plan account was closed at the time of final funding, so instead of making the contribution to the plan, it was made directly to his IRA.

Now the plan's under audit and my colleague wants to find a way to get this straightened out.

[Effen]

I always find that honesty is the best policy. I don't really see any choice but to explain it to the agent and see what happens.

[Blinky the 3-eyed Fish]

The IRS is already aware. My colleague wants something to show the IRS it's really ok just to treat it as a DB contribution.