Originally Posted by MooreBonds View Post
First of all, if you take two withdrawals in 2017, you still only get one 1099. Also, did you ask when exactly the funds were withdrawn? Receiving the check on January 10 doesn't matter - it matters when the funds were deducted from your IRA account. What does your IRA statement show for the date of the withdrawal from the account?
The penalty the IRS levies on RMD failures is discretionary, and probably one of the biggest "wiggle room" areas in the tax law (probably because it involves older citizens that may have issues remembering to do it). My grandmother had an issue one year, and I wrote a letter for her to attach to the tax return that should have had the distribution, explaining the situation. I also attached proof that she took the withdrawal that she SHOULD have taken the previous year, as soon as she discovered the error, in addition to that year's scheduled withdrawal. They ended up not levying any penalty.
It doesn't mean you are home free - but just gather up as much evidence as you can to prove your case. It wouldn't hurt to file that paperwork at your broker, if it isn't too terribly onerous, and include a copy of that in your tax return filing.
It likely isn't worth involving a lawyer or accountant. I would first attempt to just draft a short and sweet letter ot include with your 1040 tax return, explaining the situation. A lawyer or accountant would possibly charge a few thousand just for a simple letter like that. If the IRS rejects your explanation and demands the 50% penalty, THEN it might be worth it to talk to a lawyer.