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B-198940 1 (1980-07-29)

handle is hein.gao/gaobadill0001 and id is 1 raw text is: 




                        THE  COMPTROLLER GENERAL
DECISION                OF   THE   UNITED STATES
                        VW ASHINGTO.N    D. C. 20548


FILE:


B-198940


MATTER  OF:


OIGEST:


ARIA.-_


DATE:   July 29, 1980


Allan R. Irwin - Reimbursement for Real
Estate Expenses

Employee, tran ferred from Griffiss
AFB, New York, to Randolph AFB, Texas,
was unable to sell his house at his
old duty station and deeded it back
to mortgagee bank.  Employee is not
entitled to broker's fee and legal
expenses he would have incurred had
he sold his hou   nor may he be
reimbursed for diffe ence between
purchase price and Emount of out-
standing mortgage loan for reim-
bursement is authorized only for
expenses which employee actually
incurs and reimbursement for losses
due to failure to sell residence are
specifically prohibited by 5 U.S.C.
5724a(a) (4).


     This decision is in response to a request from
Mr. Allan R. Irwin, an employee of the Department of
the Air Force, for reconsideration of his claim for
certain real estate expenses, which was denied by our
Claims Division on April 10, 1980.

     By orders dated August 8, 1977, Mr. Irwin was trans-
ferred from Griffiss Air Force Base, New York, to Randolph
Air Force Base, Texas, with a reporting date on or about
September 12, 1977.  He put his residence, located in
Boonville, New York, on the market immediately. Mr. Irwin
had difficulty locating a buyer so he requested and re-
ceived an extension of the time limitation for real estate
transactions to September 30, 1979. Unable to sell his
home, Mr. Irwin deeded it back to the Rome Savings Bank,
the mortgagee.

     By a letter dated September 20, 1979, Mr. Irwin re-
quested reimbursement from the Air Force in the amount
of $3,434.  He claimed he was entitled to this amount
because if he had sold his house at its FHA appraised
value of $48,900, the broker's fee would have been


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