William H. Adair and Patricia Adair - Page 29

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            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 were                              






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