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Yes, I did file 8891 first few years. I thought it was needed only once, and then it applies to all subsequent years until a distribution is taken. I have never taken any distribution. I guess I can begin to file them again. I have always included this in TDF filings though.
ovdi ruling may likely take long time to resolve.. what i should do is to file f8891 next year (for 2011) as i had done all from 2003 to 2010 inside OVDI.
one technical problem is the election year. i would have to use the election year on what i filed inside OVDI even before IRS' decision (it may take more than a year).
Otherwise, I would have another year for non-filing f8891.