An interesting case history recently unfolded by the Supreme Court reveals a novel application of stare decisis to decisions which interpret an act of Congress. The peregrinations of the Court have caused Congress to intervene on two occasions to settle the questions opened by the Court-although on the second occurrence the Court construed the act precisely as had Congress when it decried the Court's first interpretation. This imbroglio issued from the Revenue Act of 1918 under which Congress provided that transfers "intended to take effect in possession or enjoyment at or after his death" should be included in the donor's gross estate for purposes of the Federal Estate Tax.
Paul E. Anderson S. Ed.,
TAX STATUTES-THE ROLE OF STARE DECISIS IN DETERMINING "LEGISLATIVE INTENT",
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol49/iss3/5