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B-190764 1 (1978-04-14)

handle is hein.gao/gaobadfxk0001 and id is 1 raw text is: I a CECICPON FILE: B-l9O76 MATTER 3F; David D. Lombardo - Forfeiture of Deposit on House Purchase DI1EST: Employee who forfeited $4,000 of a deposit in return for release from a binding con- tract for the purchase of a new home at his old duty station after receiving notice of a transfer, may be reimbursed forfeited amount as a misdellaneous ex- penne to the extent authorized under para. 2-3.3b of the FTR. We ..ave been requested by Victoria Curtin, Passenger Taffic .Office, the Library of Congress, to render a decision as to whether David D. Lombardo, an employee of the Library of Congress, can be reimtursed $4,000 which represents the amount he paio to be releas4d from a binding contract for the purchase of a new home. Wt. Lombardo was employed by the Library of Congress and officially stationed itn New York. He sold the co-op apartment where he and his family resided and move2 in temporarily with his Wiae's parents pending the purchase of a new homn. On November 29, 1976, Mr. Lombardo and his wife contracted to purchase a new home in Merrick, New York, and paid the builder $6,800.as a down payment on the house. On December 17, 1976, 4 days before scheduled settlemnt on the house, MW. Lombardo was offered the position of Recruitment and Placement Officer inWashington, D.C. After negotiations, the builder agreed to release tha Lomblrdos from their obligation to purchase the house and the Lombardos agreed to forfeit $4,000 of the denosit. t. Lombardo has applied for reimbursement of the $4,000 paid for the release. He argues that the paymen; of $4,000 saved the Government money because he would have incurred more reimburs- able charges if he had purchased the house, and then sold it immediately. The statutory authorization for the reimbursement of expenses of the sale of an employee's residence at hib old duty station is contained in 5 U.S.C. 5724a(a)(4). Section 2-6 of the Federal LL r q TW COMPTROLLER OENWRAL .010 THE UNITED UTATWE , WAgMINOTON. C, C. 20840 4 CiT10 4 * .OATE:4rn i, 1976 xi #1 - *9 I F

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