L.L. Bean, Inc., Leon Gorman, Tax Matters Person - Page 26

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          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 its             




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