What form for avoiding 10% early distribution from 401K for terminally ill

[JillEMoody]

My husband took a distribution from his 401K while terminally ill and on SS disability. What form do I need to include to indicate that he was on disability? The information here: Retirement Topics Tax on Early Distributions | Internal Revenue Service (irs.gov) just tells me the section of the tax code. I don't see anything on what I need to provide the IRS to prove the disability.

[AmyC]

Form 5329 has the penalty exceptions. You can see on page 4, that exception 3 matches your description, 2021 Instructions for Form 5329 - IRS. Your return will include the form and the exception so there is no penalty, simply the income. If the IRS ever decides to audit, then you would provide your proof.