- 26 - structure at issue and, thus, the structure was not a building. Id. at 484-485. Moreover, the cases cited in Munford involved specialized structures that are distinguishable from the Reserve Facility in this case. In those cases, the Court's ultimate inquiry was what functions the particular structures served. Merchants Refrigerating Co. v. Commissioner, 60 T.C. 856 (1973); Central Citrus Co. v. Commissioner, 58 T.C. 365 (1972); Catron v. Commissioner, 50 T.C. 306 (1968). In all of those cases, we found that the buildinglike structures functioned as more than mere storage facilities. See, for example, Catron v. Commissioner, supra, where the refrigerated area of a large Quonset-like structure was used for the cold storage of apples; Merchants Refrigerating Co. v. Commissioner, supra, where a large freezer room was used for the storage of frozen foods; and Central Citrus Co. v. Commissioner, supra, where atmospherically controlled "sweet rooms" were used to ripen fruit. We find that, unlike the structures in Munford and the cases cited therein, human activity is essential, rather than merely incidental, to the function of the Reserve Facility. Petitioner agrees that the function of the Reserve Facility is to facilitate the storage and retrieval of merchandise. Similarly, the primary function of a typical warehouse is also the storage and retrieval of merchandise. However, petitioner attempts to avoid characterizing the Reserve Facility as a warehouse based on itsPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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