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B-163425 1 (1978-11-07)

handle is hein.gao/gaobadgnz0001 and id is 1 raw text is: 
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                                         *. THE ILCIMPTROLLER CENRAL              /er
              DECISION          ..      .OF THE UNITEC *TATEU
                                         CWA3 4INGT0N, D. C. 20548




              FILE:  B-163425                    DATE:   November 7, 3978

              MATTER   OF:   Allowances for expenses incurred in
                             connection with residence transactions

             DIGEST:     An employee who is transferred may be reimbursed
                         for simtlar or identical expenses with respect
                         to real, estate transactions at the new as well as
                         the old official duty station, if otherwise allow-
                         able.  In both instances they must be expenses
                         that are customarily paid by the seller at the
                         old station and by the purchaser at the new sta-
                         tion, not to exceed the amounts customprily paid
                         in the locality of the residence being sold or
                         purchased.

                 This action is in r.esponse to a letter from James M. H. Gregg,
            kssistant Adiiatrator,  Office of Planning and Management, Law
            Enforcement Assistance Administration (LEAA). Under 31 U.S.C. 82d
            (1970), he requests our decision regarding the present applicability
            of our decision 3-163425, February 29, 1968. That opinion
            interpreted section 4.2d of the Bureau of the Budget Circular
            No. A-56 and held that an employee could be reimbursed for real
            estate expenses at the old duty station or at the new station but
            could not be reimbursed tar the same type of costs at both locations.

                 Circular No. A-56 has been superseded by the Federal Travel
            Regulations (FPMR) 101-7, effective May 1, 1973. Allowances for
            expenses incurred in connectien with residence transactions are
            presnntly fnund in Part 6, Chapter 2 of FPMR 101-7. Miscellaneous
            expenses are covered by paragraph 2-6.26 and generally cover those
            expenses previously enumerated in paragraph 4.2d of Circular
            No. A-56.  As noted in the submis;ion the restrictive language
            of paragraph 4.2d does not appear in any of rhose provisions
            contained in Part 6, Chapter 2 of FPNR 101-7.

                 The deleticn of that restriction was effective June 26,
            1969, under Bureau of the Budget Circular No. 1-56, Transmittal
            Memorandum No. 5. In the digest of chnnges co:.tained in that
            Transmittal Memorandum the following explanation is included:

                      The limitations in 4.2 that 'same types of
                 costs are nat reimbursable at both locations' have

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