Hi and thanks in advance for any possible info on this.
I have some 401K funds that have been rolled into another more diversified retirement fund. I received a small portion that was "after-tax" in the form of a check and the rest of the "before -tax" into the new retirement account. I was told to just put the "after-tax" check in my savings account and that no taxes would have to be paid on it. Then, I get two 1099-R's... The larger, "before-tax" amount has a "G" in the Distribution Code box... the "after-tax" one has a "1" in the box. According to what I've read in TaxCut and in this forum, I've got to pay taxes AND a penaly for the "after-tax" amount I received. Is this right? It's from funds added after 1985 so it's sounding like penalties and taxes have to be paid on it. Or do I just file a Form-5329 to indicate that this is "not" a taxable amount as indicated in box 2a on the 1099-R?

After some more research, I believe it's because these "after-tax" funds came from an Employee Stock Ownership Plan that I remember being discontinued and the funds moved to the 401K. I think I do have to file the 5329.

Yes, file the Form 5329 if you determine that you meet the exception.