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B-191445 1 (1979-01-08)

handle is hein.gao/gaobadgue0001 and id is 1 raw text is: 





DECISION


0,,OLER C

    YV


THE  COMPTROLLER GENERAL
OF   THE   UNITED STATES
WASHINGTON, D.C. 20548


FILE:  B-1

MATTER   O


DIGEST:


91445


DATE:  January 8, 1979


F: Joseph L. White -[E enses of Sale
   of Residence in Anticipation o ransfer

1. Residence selling expenses in anticipation
   of transfer from Hawaii may be reimbursed
   where illness of employee's wife did not per-
   mit her to continue to live in Hawaii. There
   was a compelling reason for the transfer in
   the Government's interest at the time the
   expenses were incurred, and travel orders
   based on this compeling reaso n were sub-
   sequently issued authorizing expenses.
   Accordingly, there was substantial compli-
   ance with requirement that there be an
   administ rative itionlto..txansfex.the
   employee when the real estate expenses
   are incurred. James A. Colyer, B-132840
   February 18, 1975, modified.


                        2. Entitlement to reimbursement for sale of
                           residence incident to a transfer requires
                           (under para. C14000. 1-1 of 2 JTR and
                           para. 2-6. 1 of FTR) that it be the em-
                           ployee's actual residence when he is first
                           definitely notified of the transfer. There
                           was substantial compliance where illness
                           of the employee's wife required living in
                           an apartment pending notice of a transfer
                           and where the employee had not entirely
                           -vacated the house before the transfer
                           notice. Reimbursement for sales expense
                           is allowable but subject to deduction of any
                           previous reimbursement for lease termina-
                           tion expenses.

             This decision responds to a request submitted by John D. Graham,
          Chipf   ccounting and Finance Division. Defense Pr6perty Discosal
46e 1000  Service, Defense Logistics Agency, Department of Defense, concern-
          ing the claim of Mr. Joseph L. White for reimbusjxement of real estate
          expenses in the amount of $1, 632. 95. The matter was forwarded to
          6   OTfice by the Per Diem, Travel and Transportation Allowance
          Committee, PDTATAC7Control   No. 78-11.


Ottt

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