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B-192441 1 (1978-12-18)

handle is hein.gao/gaobadgsl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ' . OF THE- UNITED STATES WASHINGTON. D.C. 20548 FILE: B-192441 DATE: December 18, 1978 MATTER OF: Harry G. English - Real Estate Expenses - Settlement Date Limitation DIGEST: Employee who transferred from Newport News to Staunton, Virginia, is not entitled to reim- bursement for real estate expenses incurred in connection with the sale of his home at oUld duty station s since settlement djd not occur within 2 years of date on which mployee reported to 6- new duty station as required 6by-FTR- para. 2- 6. le, which regulation has force and effect of law and may not be waived in any individual case. This action is in response to a request dated July 18, 1978, from M. Aberman, Authorized Certifying Officer, Department of Health, Education, and Welfare (HEW), Region III-Philadelphia, for a decision concerning the propriety of the claim submitted by Mr. Harry G. English forLreimbursement of real estate expenses in connection with the sale of 4 -residence at more than 3 years after hie transfer to a new official duty station By Travel Order No. SSA-3-DOO-243, dated January 13, 1975, Mr. English was transferred from Newport News, Virginia, to Staunton, Virginia, and reported to his new official station on Febru- ary 19, 1975. Mr. English was unable to sell his house at his old duty station until April 28, 1978, when settlement occurred. Due to his difficulty in selling the house, Mr. English requested and was granted a 1-year extension of the time limit for which real estate expenses may be reimbursed. Since the initial year would have expired February 19, 1976, the approved extension carried through until February 19, 1977, 2 years from the date Mr. English reported for duty at his new official station. In his claim, Mr. English asserts that unforseen difficulties with prospective purchasers securing financing, etc., prevented the sale of his house within the 2-year period, and that he incurred heavy expenses in maintaining the house and made every effort to sell the house through a reputable realtor. However, since settlement for the sale of the house in Newport News was on April 28, 1978, more than 3 years after his original transfer, and 14 months after the extension expiration, his claim was administratively denied.

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