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B-187884 1 (1977-02-22)

handle is hein.gao/gaobadect0001 and id is 1 raw text is: DECISION FILE: B-187884 kn. Haibert Civ.Pers. THE COMPTROLLER GENERAL S POF THU UNITED ETATUE WASHINTON. D.C. a04M DATE: Friary 22, 197T I Transferred employee wh6 sold twe-family dwelling is entitled to full reimburse- ment of allowable sale transaction ex- penses since, due to small size of his dwelling (five rooms) and large size of family (six persons), employee used second unit for storage of his family's personal items, a reasonable residential use, rather than for rental or commercial purposes. By a letter dated November 11, 1976, Colonel D. L. Applegarth, Office of the Comptroller, Defense Supply Agency (DSA), forwarded a letter from 1ajor P. R. Bergeron, USA, Accounting and Fi-ance Officer, which requests our decision regarding the claim uf Mr. Stephen Vishnefsky, a DSA employee, for reimbursement of residence transaction expenses incurred incident to a permanent change of station. The record I.ndicates that on June 10, 1974, M*. Vishnefsky was transferred from New York, New York, to Bridgeport, Connecticut. Incident to the transfer he sold his former residence, a two-family house located in Ozone Ikrk, New.York, ai incurred transaction expenses in the amunt of $3,207.15, representing broker's fees, legal coats, termite inspection, and State transfer tax and revenue stamps. Because the Ozone Park residence was a two- family dwelling, he was administratively allowed a pro rata reimbursement in the amount of $1,603.57, for one-half of the claimed expenses. Mr. Vishnefaky has reclaimed 'the disallowed portion of his transaction expenses on the grounds that although the residence was a two-family structure, he occupied the entire dwelling. In particular, he states that since each portion of the duplex contained only five rooms, he and his family of six persona utilized one unit as living quarters and the other unit as storage area. In addition, he states that at no time was the other unit rented to a tenant. Mr. Vishnefsky's employing agency does not dispute bese assertions; but rather contends that the emDloyee's entitlement to reimbursement is limited to pt portion - the duplex which is actually used as living quarters. I 0 C0 MATTER OF: 2tephen Vishnefsky - Real estate expenses - Two-family dwelling i DIGEST:

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