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B-188670 1 (1978-01-03)

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                  THE  COMPTROLI             MURAL
ON   .            O.aF THE    UNIT'          fATUW
                  WASHINGTON, *Co ';.&0o



8670                    DATE:   January 3, 1978

F:   Gabriel C. Brazao - Real Estate Expenses -
     SeLtlemen% Date Limitation

Employee who transferred from Montpelier,
Vermont, to San Juan, Puertc Rico, is not
entitled to reimbursement for expenses
incurred in connection with the sale of
his home at old duty station since settle-
ment did not occur within 2 yeavs of date
on which employee reported to new duty
station as required by FTR para. 2-6.1e.


     By letter of arch  17, 1977, the Department of Thansportation
 (DOT) requested our decision regarding the authority for the reim-
 bursement of certain costs incurred by Mr. Gabriel C. BravaI in
 connection with the 'ale of his residence at his old duty station.
 incident to his transfer.

     Effective Septfmber 1, 1974, Mr. Brazao, an employee of DOT's
Federal Highway Aiministration, was transferred, under Travel Order
No. T-01-00-063, from Montpelier, Vermont, to San Juan, Puerto Rico.
W.  Brazao was unable to sell his house at his old! &uty station
until October 25, 1976, when settlement occurred: D.ue to his
difficulty in selling the house, Mr. Brazao requested and received
a 1-year extension of the time limit for which real estata expenses
may Us reimbursed.  The extension was approved August 14, 1.975,
and was effective until September 1, 1976, 2 years from the date
of Mr. Brazao's transfer.

     In his request for an additional extension Mr. Brazac states
that factors beyond his control, primarily unfavorable market
conditiorns, prevented the sale of his house within the 2-year period .
It is well settled that no additional extension of time, beyond
the 2-year limit, may be granted. Paragraph 2-6.1e of the Federal
Thavel Regulations, FPMR 101-7 (May 1973), provides that an em-
ployee may be reimbursed for real estate expenses if the following
time limitations are met:

        The settlement dates for the sale and purchase
     or lease terminatin trdnsactions for which reim-
     bursement is requested are not later than 1
     (initial) year after the date on which the employee
     reported for duty at the new official station.


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