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To clear it up I opened non qualified annuity with 100,000 after tax money its only 2 yrs old I had no earning or gains I took 50000 out I net 42000 because of early withdrawal and surrender fees 

So I spoke to them again to figure taxable amount they said that box 5 on 1099r is 42000 minus that from box 1 which also is 42000  so tax is 0