Wendy C. Gerzog, University of Baltimore, has posted an essay, Davenport: Res Judicata Applied. It appeared recently in Tax Notes. The essay begins this way: Davenport is the latest in a long series of decisions on what is essentially the same case that has been heard in several forums and jurisdictions. That long history of litigation illustrates how some taxpayers have successfully delayed paying transfer taxes for approximately 27 years and counting. The Fifth Circuit, however, has stymied those lollygaggers — or at least one of them.
And here's the very short abstract: The Fifth Circuit applied res judicata in Davenport and the gift tax on 1980 gifts may finally be paid. The article details a long history of litigation culminating in this case.