- 21 - generally treated as deposits. Blatt v. United States, 34 F.3d 252 (4th Cir. 1994). Petitioners focus on how the payment was treated administratively by respondent and how it was initially represented by petitioners, but petitioners fail to overcome a fundamental point. Section 6225(a) provides that once a proceeding in the Tax Court under section 6226 has commenced, no assessment of a deficiency attributable to any partnership item may be made before the proceeding in the Tax Court has become final. Section 6226(e)(1) specifically requires that a partner may file a readjustment petition in the District Court under section 6226 only if that partner “deposits” the TEFRA partnership-related tax liability. As previously stated, Mr. Greer asserted section 6226 as one of the jurisdictional grounds for his petition in the Federal District Court for the Eastern District of Kentucky. As a result, we find petitioners’ argument that the remittance in question is an amount collected to be inconsistent with petitioners’ efforts to obtain section 6226(e) jurisdiction in District Court, regardless of how respondent may have initially characterized the payment. It is clear from the record in the District Court that Mr. Greer’s counsel sought the repayment. If this repayment was not the return of a deposit, then it was nevertheless not an erroneous refund as that term is described in cases such as O’Bryant v.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007