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B-183196 1 (1976-02-02)

handle is hein.gao/gaobaddrk0001 and id is 1 raw text is: 0% 'LER C': L; THE COMPTROLLER GENERAL DECISION .Zi OF THE UNITED STATES WASHINGTON, D.C. 20548 t NITES FILE: B- 1831 MATTER OF: DIGEST: 96 DATE: Chester A. Cisowski - Allowance of Real Estate qQ(, I Expenses Incident to Permanent Change of Station. 1. Civilian Marine Corps employee who was transferred to Canal Zone from Illinois is not entitled to reimbursement for expenses incurred in connection with sale of his Illinois residence since settlement date occurred more than 2 years after employee reported for duty at new duty station. 2. Civilian Marine Corps employee who was transferred to Yuma, Arizona, from the Canal Zone is not entitled to reimbursement for expenses incurred in connection with sale of his Illinois residence since such residence was located at a former duty station, not duty station in Canal Zone from which he was transferred. By letter of February 3, 1975, Mr. Chester A. Cisowski, a civilian employee of the Marine Corps, has appealed the admin- istrative denial of his claim for reimbursement of expenses incurred in connection with an Illinois real estate transaction. In 1970 the claimant was transferred from the Naval Ordnance Facility at Forest Park, Illinois, to the Panama Canal Zone. By Travel Order No. N00867-75-TO-C0009, dated November 7, 1974, he was transferred to Yuma, Arizona. On arriving in Yuma, Mr. Cisowski filed for and received reimbursement for expenses incurred in connection with an October 1, 1974 sale of a house he owned in Villa P-rk, Illinois. On a post-payment review of the claim, the Marine Corps Finance Center concluded that the payment had been made in error and, accordingly, effected a refund of the amount paid. Mr. Cisowski states that, although 4 years elapsed between the time he arrived in the Canal Zone and the time he sold his house, he should be allowed the expenses incurred in connection with the Illinois real estate transaction because (1) he could not buy a house in the Canal Zone if he had sold his Illinois house, and (2) he would be penalized by having to pay taxes because he could not buy a house of comparable value within the time limit prescribed by the Internal Revenue Service. Section 5724a(s )(4) of title 5, United States Code (1970), provides that, under such regulations as the President may prescribe, a transferred employee may be reimbursed expenses incurred in I y

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