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B-184501 1 (1975-10-09)

handle is hein.gao/gaobadcva0001 and id is 1 raw text is: THE COMPTRPC .ER GElveiF- DECISION * F THE UNITEZ BTATES VASHINGTON, D.C. 20548 FILE: DATE: OCT 9 1975 d B-184501 1) MATTER OF: David A. Dubow - Relocation expensess Reimburse- ment of broker's fee DIGEST: Transferred employee paid real estate commission on sale of residence. Realty agency voluntarily reimbursed employee for accrued interest charged to employee. Under section 4.2a of 0MB Circular No. A-56, employee may be reimbursed for commission, but only to extent he actually paid for services. Employee cannot have nonreimburs- able expense, such as accrued interest, changed into reimbursable expense through such reimbursement from agent. Reimbursed amount is reduction of commission and must be refunded to Government. This matter was forwarded to our Office by a certifying officer of the United States Department of Agriculture who has requested a decision as to whether the Department should-request Mr. David A. Dubow, an employee of the Forest Service, to refund $87.65 for excess relocation expenses reimbursed to him in connection with a change of official station from Atlanta, Georgia, to Alexandria, Louisiana. Incident to his transfertof official station, Mr. Dubow sold his residence in Atlanta through Cloward Realty, Inc. The record discloses that Mr. Dubow's house was sold for $28,823.59 and that a sales commission of $1,729.41 (6 percent) was paid to Cloward Realty, Inc. However, on the closing date, February 27, 1970, Cloward Realty, Inc. voluntarily gave Mr. Dubow a check for $87.65, the sum of the accrued interest charged to the seller and credited to the purchaser. The realty agency did so because it had not explained this charge to Mr. Dubow and it wanted him to net the sum the agency represented he would realize on the sale. Mr. Dubow claimed and was reimbursed the full amount of the commission ($1,729.41). Section 4.2a of Office of Management and Budget (0MB) Circular No. A-56, Revised June 26, 1969, in effect at the time of the real estate transaction here involved, provided that * * * A broker's fee or real estate commission paid by the employee for services in selling his residence is reimbursable* * *.

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