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constructive rec of ira dist


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low income taxpayer received an ira dist check dated and mailed 12/30/2016...... obviously didn't receive the check in the mail until 2017....1099 is a 2016 1099... along with withholding.

 

probably not a huge deal except for advance premium tax credit..... now the taxpayer is over 400 percent of poverty..

entire aptc must be returned....which is a huge number.

 

does anyone think I have a snowballs chance of trying to argue constructive receipt and report this on 2017 instead of 2016

 

I am assuming is would get a notice and deal with that issue when I receive it..... does anyone think I would win in the end?

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