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IRA mistaken rollover

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gadom

Junior Member
What is the name of your state? Georgia

In 2001 my IRA (Stocks) was rolled over to a bank IRA at another institution. The bank advisor put the stocks in a regular brokerage account by mistake. It sat there unitl now with no sale or other activity. When I moved it to a different bank this year I realized it was no longer in an IRA. Again, no trading in the account just moving it around.

As far a I know a 1099-R was NOT issued in 2001.

How do I go about getting it back into an IRA. Is there any hope of avoiding penalties and taxes?

I know Wood v. Commissioner inplies a clerical erro cannot be grounds for a penalty but after six years would this still be considered?
 
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LdiJ

Senior Member
What is the name of your state? Georgia

In 2001 my IRA (Stocks) was rolled over to a bank IRA at another institution. The bank advisor put the stocks in a regular brokerage account by mistake. It sat there unitl now with no sale or other activity. When I moved it to a different bank this year I realized it was no longer in an IRA. Again, no trading in the account just moving it around.

As far a I know a 1099-R was NOT issued in 2001.

How do I go about getting it back into an IRA. Is there any hope of avoiding penalties and taxes?

I know Wood v. Commissioner inplies a clerical erro cannot be grounds for a penalty but after six years would this still be considered?
A 1099 R probably was issued, indicating that it was a rollover. However, a 1099 R will not be issued this time, if the bank really did make that error and it wasn't put into an IRA.

I honestly don't know what can or should be done after 6 years. Technically the tax liabilty would have been for 2001, and its too late for the IRS to address it now. However, obviously you want the money back into an IRA if at all possible, and I am not sure how that could be done at this point.

Talk to your bank about this. This can't be the first time that this has happened, so they are most likely to know the best mechanism for resolving the problem.
 

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