Thank you Frayne that is a good point "the money I am considering taking out was never tax deferred to begin with" I will check with my 401K administrator. The first guy I spoke with at Fidelity did not leave me with a warm and fuzzy feeling. He was not sure when I asked him the question and was going to get back with me, have not heard from him since. This forum has been a great help in the past and I want to thank you all for taking the time with my concern. The total 401(k) is $100,000 Plus (changes each day) I was thinking of taking just the $13,750,00 out of it. The sensible part of me says to invest it in a ROTH 401(k)