Trabal v. United States

For the fourth time, we are required to determine the pay to which an employee of the Internal Revenue Service is entitled upon his return to duty with the Service in the United States following service overseas under the Foreign Tax Assistance Program (FTAS). In the first two cases, Whelan v. United States, 208 Ct. Cl. 688, 529 F.2d 1000 (1976), and Carrasco v. United States, 215 Ct. Cl. 19 (1977), we held that the returning employee was entitled to the higher pay he had received in the FTAS rather than the pay he had been receiving in the IRS when he began the FTAS service. In the third…