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B-179240 1 (1973-08-27)

handle is hein.gao/gaobaadid0001 and id is 1 raw text is: I~ 1 .14


                                COMIPTROLLERi GENERtAL OF THIll UNITED STATES
          '   41WASl,4TON, D.C. U648

              rx-179240                                       August 27, 1973



              Hr. l auries F, Kay
              Authorixed Cortityine; Officer
              Fedral Buraeu of Investijation
              United States Departmant of Justice

              Dear fr. Rowi

                  We refer to your lettor of July 16, 1973, on the certification of
             Special Agent Robert L, Fryers claim for expenes Incurred In connection
Swith the sale of his raotidence ewt his old duty station following hii
             transfer to a new duty station,

                  Uerecord furnished shova that Hr, Frye was offIcially transferred
             from Sala, Alabara, to   ontgonory, Alabama, on Aul USt 4, 1970. tShortly
             after receiving notificatlon that ha &as to be tritnafarred, fir. Frye
             listed his residance with a real eut4to corpany for male and subsequcntly
             listed it with several other corpvnies in the ara as well. Dsa to the
             depressed housing market in Selma, a buyer for the residence was not
             located until the spriag of 1972,  Although a sales contract was sipied
             July 24, the sale did not ruach final settlennt until Eeptewbcr 25,
             apparently bocause the buyer had difficulty obtainij; a loan. Prior to
             an October 28, 1972 anendnant of the appliceblo regulation, section 4.l
             of Ofitc of Hanaeecnt and udtet (OH) Circular Ho, A-56, providud
             that expnue: Sucurred in the sale o£ rcaidcncc incident to transfer
             were not reiatbursable unioas the guttlewont date for the sale was within
             tle first year after the trcnciar. One year ecensions of the one-year
             lirttatloa could be grauted by the agency only if there war litintion
             in procous which was delaying settlaent or if a montract for AltI had
             iecn entered into within the first year but circutastanoas prevented the
             settleoent £rom occurrin; before the ad of that year.  In 32 Comp.
             G.n. 43 (1972) it wwheld that a one-year extvnsion woe authorized if a
             contract for sale had been siguod in the first year, rcrardless of wtcr
             thu contract was still in exietenco at tie end of the year. lat deci-
             sion, however, did not bo so far an5 to jlorit e.aensioru to be ;rantod in
             cnnes wlmr  a valid contract had not bcen entercd into within tile initinl
             oin-year portod.

                  Tile Octubor 1972 anend:kcnt provideJ for an extunuion of up to one
             year of the onu-year lird.tAtion ratardless of tho -e.ieoae therefor so
             lons as it is decerr:ined'tlnt thu particular rcsidenco trasection is

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