New York Court of Appeals
In the Matter of the Transfer Tax Upon the Estate of Catharine A. De Peyster, Deceased. the Comptroller of the State…
February 24, 1914210 N.Y. 216
Summary
The New York Court of Appeals held that the New York Historical Society is not an educational corporation within section 221 of the Transfer Tax Law and therefore its receipt of a bequest is subject to transfer tax. The court required that a corporation's purpose be determined from its charter or act of incorporation, rejecting oral testimony as evidence of purpose.