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B-189768 1 (1978-06-15)

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                    VP   THU COMPTROLLER NUMRAL
DIECIBIClI      . OP THR UNITED STATUE
                 0%o    WASHINGTON. D.C. 201348


FILE:  0-189768 *


MATTER


DIGEST:


DATE:   June 15, 1978


OF:   David R. Taylor - Ibsidence Tansaction
      Ekpenses

 Transferred .empOyee was purchasing rosidence
 at old station under land contract at time of
 tranvfer.   Employee qi4t claimed his interest
 under  the contract to his seller (mother), who
 entered into a subsequent land contract for sale
 f  property with a third party.  Although em-
 ployee may be raimbursed expenses incurred in-
 ciaent to reconveyance of interest to seller,
 expenses of seller's subsequent sale to third
 party may not be paid since title requirements
 or NTH para. 2-6.1c are not met.


     This action is inlresponse to a request by Mr. C. J. Terry, a
certifying officer of' tbeepprtment  of' Cmmnerce, National Oceanic
and  Atmosrheric Admipistration, for a decision concerning the
legality of A claim by M.  David R. Taylor for reimbursement oLf
residence transaction expenses.

     The record indicates that on November 3.  1976, Mr. Taylor wae
transferred from Nunaica, Michigan, to Cold Bay, Alaska. The
voucher covers a oIaim for- expenses incident to the sale of a resi-
ded e at the old  0tation In Nunica. W.  Taylor had previously
acquiied an interest in his Nunica residence by means of a land
contract executed on December 12, 1975, between himself and his
wife as purchaser, and Ms. Laura B. Ott, the mother of the emp]oyee,
as seller.  When Mr. Taylor was transferred, Ms. Laura B. OLt acted
as agent to arrange for the sale of the pimcpnty to a third party.
On  February 17, 1977, Mr. Taylor and his wife quit claimed the
.property to Ms. Laulr. B. Ott. The quit claim deed contains no
recital of coasideration, but provides:

     nThis deed is Uivern to convey purchasers interest
     in a cerLlin land contract dated December 12, 1975,
     which was 1xecuted between the above named parties.

Subsequently,on Feb.;uary 28, 1977, Ms. Laura B. Ott executed a land
contract between herself and Mr. and Mrs. Carl W. Smith, Jr., who
are not parties to this action.  The record contains a seller's
closing statement dated February 28, 1977, listing Ms. Laura B. Ott
as  the seller and the Smiths as purchasers of the property in
question.  Among the charges listed are:


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