Rodney J. and Noreen E. Blonien - Page 35




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          within 3 years following the filing of the taxpayer’s income tax            
          return in order to be able to assess the deficiency timely.                 
               In the case at hand, respondent did not mail the notice of             
          deficiency within 3 years following the filing of petitioners’              
          1992 Federal income tax return.  Petitioners filed their 1992               
          Federal income tax return on October 15, 1993, and the notice of            
          deficiency was not mailed until December 17, 1999, more than 6              
          years later.  Therefore, unless the period for assessment is                
          otherwise extended or subject to a different period of                      
          limitations, respondent would be barred by section 6501(a) from             
          assessing the deficiency.                                                   
               Respondent argues that the period for assessment of the                
          deficiency is subject to the alternative period of limitations              
          contained in section 6229, which is part of the unified audit and           
          litigation procedures for partnerships enacted by TEFRA.                    
               In Rhone-Poulenc Surfactants & Specialties, L.P. v.                    
          Commissioner, 114 T.C. 533, 539-540 (2000), we explained the                
          history and purpose of the uniform partnership procedures enacted           
          by TEFRA:                                                                   
               For income tax purposes, partnerships are not taxable                  
               entities. * * * Any income tax attributable to                         
               partnership items is assessed at the partner level.                    
               Thus, any statute of limitations provisions that limit                 
               the time period within which assessment can be made are                
               restrictions on the assessment of a partner’s tax.                     
                    Before TEFRA, adjustments with respect to                         
               partnership items were made to each partner’s income                   
               tax return at the time (and if) that return was                        





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