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B-183419 1 (1976-02-02)

handle is hein.gao/gaobaddrm0001 and id is 1 raw text is: 




                  5~,   ~.THE   COMPTROLLER GENERAL
DECISION    :71 -1  OF THE UNITED STATES
                           WASHFIIN GTON. 0. C. 205489


FILE:


B-183419


MATTER   OF:


DIGEST:


DATE:


FEB   2 1976


   James  P. Beirs - Real Estate Expenses -
   Interim Financing Loan

Transferred employee who obtains interim
financing loan to be used as down payment   9 q  (0
on residence at new duty station, because
residence at old duty station has not yet been
sold, may not be reimbursed for any expenses
relating to interim financing loan.' Prohibition
in 5 U.S. C. § 5724a (1970), FTER and JTR,
against reimbursement of any losses on sale of
residence due to market conditions is sufficiently
broad to preclude reimbursement here, since
need for 'interim financing loan arises because
of market conditions.


    This matter is a reauest dated March 2, 1975, for an advance
decision submitted by the Finance and Accounting Cfficer, North
Central Division, Corps of Engineers, Department of the Army,
Chicago, Illinois, concerning the authority for reimbursing a
transferred employee for the cost of an interim financing loan
that was used as a down payment for the purchase of a residence
at the employee's new duty station. For the reasons set forth below,
the voucher may not be certified for payment.

    Under the authority of travel order number 74-949, dated
April 5, 1974, Mr. James P. Beirs was transferred from the
Corps of Ingineers, Detroit District, to the North Central Divi-
sion in Chicago, Illinois. He reported to his new duty station on
April 29, 1974. On April 15, 1974, settlement was held on the
residence Mr. Beirs purchased at his new duty station. Because
the settlement for the sale of Mr. Beirs' residence at his old duty
station did not occur until July 31, 1974, he found it necessary
to obtain an interim financing loan to be used as the down pay-
ment on his new residence. That loan was obtained on April 15,
1974, in the principal amount of $9, 500. Interest in the amount of
$263. 26 was charged and various fees, for preparation and recording
of documents, were incurred in the amount of $55. Mr. Beirs is
seeking reimbursement for these items in the total amount of $318. 26.

    The authority for reimbursement of real estate expenses r'elated
to transfers is 5 U. S. C. § 5724a (1970), which is implemented by
the Federal Travel Regulations (FTRE), FPMR 101-7 (May 1973).
                                              PUBLISHED DZCISION
                                              55 Comp. Gen..........

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