No. The IRS regulations are in black and white and do not allow for extenuating circumstances.
A QBOAD is defined under the Internal Revenue Code [IRC] as any distribution of up to $5,000 from an applicable eligible retirement plan to an individual if made during the one-year period beginning on the date on which a child of the individual is born or the legal adoption of an eligible adoptee is finalized,” the attorneys say. “Each parent is entitled to receive a $5,000 distribution (not indexed for inflation) for the same child; if there are multiple births, each parent is entitled to receive a $5,000 distribution for each child.”
