New Client's husband died in 2007 she receives a Survivor Annuity.(Husband was Federal Govt Employee)

Box 1 gross Distribution 28,020
2a Taxable Amount Unknown
4 Federal Tax Withheld 951
7 Distribution Code 4 -Death Benefit
9b Total Employee Contributions 59,798

Client receives a monthly stipend for life.
Husband received monthly stipend for one year before he died.
Both Husband and Wife born in 1934

Shouldn't a portion of the monthly stipend be non taxable (Contribution Recovery)?

T/P received notice from IRS as to a Form 4972 (Tax on Lump Sum Distributions) needs to be filed. Could this be right?

Thanks Kurly