Most retirement plan distributions are subject to income tax and may be subject to an additional 10% penalty if you take a withdrawal before age 59½. Fortunately, there are some exceptions to avoid the penalty but there are strict rules. In one case (TC Memo 2023-9), a taxpayer lost his job and took a 401(k) plan distribution before reaching age 59½. He had been diagnosed with diabetes, which he treated with insulin and other medication. The U.S. Tax Court ruled he didn’t qualify for an exception to the 10% penalty due to total and permanent disability. The reason: He had been able to work up until the distribution. We can help determine if you qualify for an exception to the penalty.
