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Old 02-04-2009, 11:01 AM   #1
LUCY
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Join Date: Feb 2009
Posts: 6
401k & Pension Plan

Please help, truly desperate: I took out my 401k and pension plan last year 2008 total of $103,000 plus, I am 56 years old in 2008, CA residence and here's my concern:

1. was terminated after more than 14 years from my job on 06/19/2008
2. took out both retirement savings and paid bills
-mortgage 1st & 2nd (behind for 4 months)
-property taxes (behind & owed 2 years from 2006- 2008)
-credit cards worth $50,000 (in collection for about a year)
-paid the rest of my creditors and utility bills
3. I am getting ready to file my 2008 tax returns
*what are the tax consequences?
*penalties?
*received 3 months of unemployment insurance then was discontinued by the State, I appealed and pending results
*what are my other options to delay paying the penalties
*I do not have any money in the bank
* tried to refi twice and was rejected twice, due to my credit report
4. Yes, I was continuously looking for a job, but received only "will call you back" reply.
Please help!
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Old 02-04-2009, 03:38 PM   #2
clydewolf
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Join Date: Oct 2001
Posts: 1,586
Lucy,

Obviously you spend more money than you have income, and have been doing this for several years.

You need to develop a spending plan that you can afford to pay.
You should seriously consider selling your house/property and other things that you do not need to raise some cash. Perhaps any job (even Jack-In-The-Box) would be a good move for now.

You will owe regular income tax on the amount that you took from the 401k and the retirement plan. You will owe an additional 10% of the money you took from the 401k and the retirement plan.
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Old 02-06-2009, 10:54 AM   #3
LUCY
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Join Date: Feb 2009
Posts: 6
clydewolf, thank you! I know and I sincerely regret it. I became one of the statistics that spent the money that I dont have. Starting all over again right now and mapped out a totally different road towards COLD CASH MONEY (not retirement anymore, because the word retirement does not mean what it says).
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Old 02-10-2009, 10:04 AM   #4
LUCY
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Join Date: Feb 2009
Posts: 6
Quote:
Originally Posted by LUCY
Please help, truly desperate: I took out my 401k and pension plan last year 2008 total of $103,000 plus, I am 56 years old in 2008, CA residence and here's my concern:

1. was terminated after more than 14 years from my job on 06/19/2008
2. took out both retirement savings and paid bills
-mortgage 1st & 2nd (behind for 4 months)
-property taxes (behind & owed 2 years from 2006- 2008)
-credit cards worth $50,000 (in collection for about a year)
-paid the rest of my creditors and utility bills
3. I am getting ready to file my 2008 tax returns
*what are the tax consequences?
*penalties?
*received 3 months of unemployment insurance then was discontinued by the State, I appealed and pending results
*what are my other options to delay paying the penalties
*I do not have any money in the bank
* tried to refi twice and was rejected twice, due to my credit report
4. Yes, I was continuously looking for a job, but received only "will call you back" reply.
Please help!

***
1099C not receive, can I just add

--------------------------------------------------------------------------------

Hello everyone, My returns are ready to go via efile.
However, I did not receive the 1099C on 2 different CCcompany. I've settled all creditcards debt using my 401K ($50,000+).

1. Can I just add the amount and the names of the CCompany,
2. I'd rather file it now, get it over with rather than owing taxes on it later
3. I already owe taxes and penalties from the $130,000+ 401k I took out in 2008, 56 yo, unemployed to keep my house. YES everyone, I chose my house rather than keeping the 401k in the bank, especially knowing the government is already eyeballing it for their own use.

Hey Clydewolf, I even sent resumes to Jackinthebox, McD's, etc etc.
NO, I have no qualms nor issue working for all of the above and
YES, I missed the corporate perks, $$$pay, new cars every 2 years, Hawaii every year, etc etc. But WHO CARES! I have my house and I am ready to roll.

"Would you like Fries with your Burger" ???
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Old 02-10-2009, 12:43 PM   #5
pricespector
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Join Date: Mar 2004
Location: New York
Posts: 1,351
Lucy,

Did you negotiate any forgiveness of the debt? The reason I ask is because it seems that you paid it out of pocket (401k) for the full amount. A 1099-C is only issued if debt is forgiven, at which time it must be claimed as income for the forgiven amount.

If you negotiated a settlement for less than what you actually owed, you may receive a 1099-C. If you paid the maount in full, the debt is retired, not forgiven. Thus, no 1099-C will be issued.
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Old 02-10-2009, 02:02 PM   #6
clydewolf
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Join Date: Oct 2001
Posts: 1,586
Lucy,

Good to see you still have a sense of humor! Keep it.

Pricespector has stated it clearly, no 1099 unless there is forgiven debt.

Wish you the best.
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