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B-185783 1 (1976-04-29)

handle is hein.gao/gaobaddoj0001 and id is 1 raw text is: 



                          4X THE  COMPTROLLER GENERAL
EClIo-10r4                   OF   THE    UNITED      STATES
                             WASHINGTON, D.C. 20548



FILE:                               DATE:     APR  291976
       B-185783
MATTER OF:                                                 qqo
                  Wayne J; Girton * Reimbursement of
                  Incidental Real Estate Expenses
DIGEST:
            Claim for reimbursement of fee for inspection of
            general physical condition of residence (not
            termite inspection) may not be authorized for
            payment where evidence indicates inspection was
            not a required service incident to purchase
            transaction. Portion of fee already reimbursed
            should be refunded to agency by claimant.


       This action is in response to a request by Mr. Wayne J. Girton,
  an employee of the Department of the Treasury, Internal Revenue
  Service, for reconsideration-of a settlement issued on October 3J,
  1975, by our Claims (then Transportation and Claims) Division
  disallowing his claim for reimbursement of additional real estate
  expenses icident to a transfer.

      The record indicates that Mr. Cirton purchased a residence in
  Greenwood, Indiana, incident to a transfer to Indianapolis, Indiana,
  pursuant to travel authorization dated August 6, 1974. The purchase
  contract for Hr. Girton's new residence provided that the fee (5)
  for an inspection by the National Home Inspection Service (NilS)
  would be shared equally by the buyer and seller. Mr. Girtan paid
  the one-half of the fee to which be was obligated under the agreement
  and, when the seller failed to pay his share, Mr. Girton also paid
  the balance. Hr. Girton has been reimbursed $42.5. by the agency for
  his share of the ilIS fee. Mr. Girton's claim for an additional
  $42.50 representing his payment of the seller's portion of the NiHIS
  fee was disallowed by the Claims Division, General Accounting Office,
  by settlement dated October 30, 1975.

      The Federal Travel Regulations (FTR), PMR 101-7, para. 2-3.1a,
 provide for a miscellaneous expenses allowance to reimburse an
 employee for the various incidental costs associated with discon.
 tinuing residence at the old duty station and establishing residence
 at the new duty station incident to a transfer. FTR para. 2-6.2,
 of the regulations allows reimbursement for the expense of incidental
 charges for-required services customarily paid by the seller/purchaser
 in connection with residence transactions. Since the exIensc of the
 1HIS inspectlon was incurred incident to purchase of a residence by
 Mr. Girton the question of reirburs.bility is for cosideration
 under the latter paragraph of the regulation.



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