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B-185440 1 (1976-07-13)

handle is hein.gao/gaobadcxd0001 and id is 1 raw text is: . THE CClMPTROLLER GENERAL .CECISION . . OF THE UNITED STATES W VASHINGTON, D.0. 20548 FILE: DATE: JUL 13 1976 MATTER OF: Paul R. Thomas * Subsistence while occupying temporary quarters DIGEST: Incident to transfer employee occupied residence which:. he was in process of purchasing. Employee reclaims subsistence while occupying temporary quarters denied by his agency. Whether residence was temporary quarters for purpose of Federal Travel Regulations (FPMR 101-7) para. 2-5.2c (May 1973) is dependent upon employee's intent at time residence was occupied. Employee's claim may not be allowed since it is clear that he intended to occupy residence on permanent basis, notwith- standing he was negotiating for loan, all utilities were not hooked-up, and employee's action resulted in savings to Government. This action is at the request of Mr. James E. London, an Adi.orized Certifying Officer of the Bureau of Prisons (Bureau). By memorandum of November 19, 1975, Mr. London forwarded the claim of Mr. Paul R. Thomas, an employee of the Bureau. Mr. Thomas claimed 20 days of subsistence while occupying temporary quarters for the period that he occupied the residence which he was in the process of purchasing. Mr. Thomas' original claim for 20 days' subsistence while occupying temporary quarters was denied by the Bureau on the basis of a decision of our Office, B-160904, March 7, 1967. In that decision, this Office denied on employee's claim for subsistence while occupying temporary quarters on the basis that the rental quarters occupied were not temporary in that the employee had entered into a rental agreement for the quarters while purchase arrangements were being consummated. Mr. Thomas contends that the above-cited decision is not applicable. He bases his statement on the following five reasons; the first four of which are paraphrased and the fifth quoted in its entirety: 1. It would have been extremely difficult to obtain alternate rental housing within the limits of the authorized allowance. 2. By renting the residence prior to purchase, it was not necessary to place his household effects in storage, thus avoiding the additional expense associated therewith.

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