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B-193885 1 (1979-06-08)

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DECISION


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


FILE:  B-193885


DATE:  June 8, 1979


   MATTER   OF:  Irving R. Warnasch blaim  for Real Estate and
                 Temporary Quarters Expense

   DIGEST:    1. Employee, who transferred from New York,
                 New York, to Atlanta, Georgia, claims
                 temporary quarters expenses at location
                 near his new residence in Florida. Claim
                 may be allowed since temporary quarters
                 need not be located in vicinity of either old
                 or new duty station. Also, employee nec-
                 essarily occupied temporary quarters
                 although he had purchased new residence
                 because his family had to remain at old
                 residence in connection with its sale,
                 utilities were not connected in new residence,
                 and employee had to buy beds and other fur-
                 niture for new house.

              2. Employee, who transferred to Atlanta,
                 Georgia, claims real estate expenses for
                 purchase of residence which is not located
                 near new duty station. Claim may not be
                 allowed since employee does not commute
                 to station daily and Atlanta is not in remote
                 area. However,  since employee states
                 that he does not regularly report to his new
                 duty station, his claim may be reconsidered
                 if he submits evidence that his new duty
                 station was designated primarily for per
                 diem purposes. See Robert H. Van Winkle,
                 B-184004, April 27, 1976.

    This action is in response to the appeal by Mr. Irving R.
Warnasch,  an employee of the Small Business Administration (SBA),
of the determination by our Claims Division denying his claim for
real estate and temporary quarters subsistence expenses incident
to a change of official duty station. The question presented for
decision is whether Mr. Warnasch is entitled to reimbursement
for real estate and temporary quarters expenses where his new
residence and his temporary quarters were not located at his new
duty station.

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