Is this new? I believe you need to have the TSS running in the TU in order to preserve the bb.
I am speaking from personal experience, YMMV. When I upgraded to 4.1 and jailbroke, I did not have TU running (because I didn't care about the bb) and the upgrade 'failed' with a 1013. I searched on here and saw to use TU to kick it out of this state. When I was all done, I looked at my bb and it had not been upgraded. I always attributed this to the TU changing the host file. Perhaps not.