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began selling partnership units of SLA in October 1982. All of
the investors Bratton and Roberts sold units to made their
investments during or after October 1982. The original
subscription documents were sent to SLA for the units they sold.
After those documents were sent to SLA, the general partners
returned them and required that the documents be reexecuted with
a July 22, 1982, date. Washington limited partners Bonnie B.
Nelson, Herman M. Nirschl, and Dennis W. Neifert each wrote
checks to SLA for $13,836 for their partnership interests in
December 1982.
SLA did not apply to register the sale of partnership units
in the State of Texas until September 21, 1982.
SLA received a promissory note, dated September 23, 1982,
payable by a Bob L. Jordan in the amount of $32,000, showing
interest accruing from July 15, 1982.
OPINION
Partnership audit and litigation matters are governed by
sections 6221 through 6231 enacted by section 402(a) of the Tax
Equity & Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-
248, 96 Stat. 324, 648, commonly referred to as the TEFRA
partnership provisions. Under the TEFRA provisions, a
“partnership item” (as defined by section 6231(a)(3)) must be
litigated at the partnership level in a partnership proceeding.
Secs. 6221, 6226(a); Maxwell v. Commissioner, 87 T.C. 783, 787-
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