- 14 - (1974); Munford Inc. v. Commissioner, supra at 480; Scott Paper Co. v. Commissioner, supra at 178; Valmont Indus., Inc. v. Commissioner, supra at 1072; Catron v. Commissioner, supra at 316; Brown & Williamson Tobacco Corp. v. United States, 369 F. Supp. 1283 (W.D. Ky. 1973), affd. per curiam 491 F.2d 1258 (6th Cir. 1974). In this regard, it is appropriate to consider both the quantity and quality of the human activity within the structure. See Consolidated Freightways, Inc. v. United States, 223 Ct. Cl. 443, 461, 620 F.2d 862, 873 (1980); Munford, Inc. v. Commissioner, supra at 480; Consolidated Freightways, Inc. v. Commissioner, 74 T.C. at 795; Satrum v. Commissioner, supra at 417. If the nature of work performed within the structure is merely supportive and ancillary to the function of the structure, then the structure is not considered as providing "working space." See Valmont Indus., Inc. v. Commissioner, supra at 1074. In Valmont Indus., Inc. v. Commissioner, supra at 1073, we considered whether a structure provided "working space". Considering the quantity and the nature of the employee activity performed in two galvanizing facilities, we stated: the proper inquiry is whether "a substantial number of employees were frequently and regularly occupied" in the facility. This determination will necessarily depend upon the nature of the business venture housed within that structure. [Citation omitted.] We went on to hold that in the context of that taxpayer's galvanizing operation, work performed by 10 to 16 employeesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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