TurboTax did this for me last year and I got a notice from IRS stating that I violated the form 8889 rules. The form 5329 criteria is not mentioned in the form 8889 line 13 spot and it implies the MIN(line 2, line 12) to be the only acceptable value for line 13.
This year again I see TurboTax populating a similar value in line 13, how do I explain that to IRS if they send me a notice?
