- 7 - premature requests are “related forward” to the first date on which they could be made. The best known is Federal Rule of Appellate Procedure 4(a), which requires a notice of appeal to be filed “within 30 days after the judgment or order appealed from is entered.” That rule was amended in 1979 to allow the relation forward of prematurely filed appeals to the date of entry. Fed. R. App. P. 4(a)(2). The Advisory Committee Notes make clear, though, that even before the 1979 amendment, such premature notices were effective. Fed. R. App. P. 4(a)(2), 28 U.S.C. app. at 587 (2000). The consensus view was that “unlike a tardy notice of appeal, certain premature notices do not prejudice the appellee and that the technical defect of prematurity therefore should not be allowed to extinguish an otherwise proper appeal.” FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269, 273 (1991). This lenient reading of the rule’s language “was intended to protect the unskilled litigant who files a notice of appeal from a decision that he reasonably but mistakenly believes to be a final judgment, while failing to file a notice of appeal from the actual final judgment. Id. at 276. An even closer analogy is rooted in section 6330 itself. Section 6330(d)(1) governs the case of a taxpayer who appeals from the Commissioner’s notice of determination after a CDPPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011