29 benefits retained by petitioner. Petitioner argues that his retention of benefits is not conclusive as to the identity of his employer. We agree with petitioner. The determination of whether petitioner was an employee of the United States depends on all the facts and circumstances, including the paramount fact that NATO, rather than the United States, controlled the manner in which his work was performed. Matthews v. Commissioner, 92 T.C. at 360. Other facts also indicate that petitioner was separated from U.S. Government service during his transfer to NATO. Unlike a detail, a transfer was considered a change in position. Additionally, a transferee's right to reemployment with the United States, in and of itself, indicates that a transferred employee was no longer considered a U.S. employee. Although a transferee retained an absolute right to reemployment, he had to affirmatively apply for such reemployment. Upon transfer, transferees were entitled to liquidate their accumulated leave accounts in the same manner as separated employees. If a transferee chose to retain retirement health and life insurance coverage, the transferee was considered a U.S. employee for these limited purposes. While on transfer to an international organization, transferees were also considered employed by the United States for purposes of workman's compensation coverage. It can be inferred from these provisions that transferees werePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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