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FLAHERTY v. UNITED STATES

No. 188-78.

610 F.2d 756 (1979)

William B. FLAHERTY v. The UNITED STATES.

United States Court of Claims.

December 12, 1979.

Attorney(s) appearing for the Case

John I. Heise, Jr., Silver Spring, Md., attorney of record, for plaintiff. John P. Rhody, Jr., Silver Spring, Md., of counsel.

Richard J. Webber, Washington, D.C., with whom was Acting Asst. Atty. Gen., Alice Daniel, Washington, D.C., for defendant. Michael J. Riselli, South Boston, Mass., of counsel.

Before DAVIS, KUNZIG and BENNETT, Judges.

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

DAVIS, Judge.

Once again we are called upon to consider the pay of an employee of the Internal Revenue Service on his return from a foreign tour of duty under the Foreign Tax Assistance Program (FTAS). In Whelan v. United States, 529 F.2d 1000, 208 Ct.Cl. 688 (1976), and Carrasco v. United States, 215 Ct.Cl. 19 (1977), we ruled that, under the then controlling Revenue Service...

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