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B-193201 1 (1979-06-19)

handle is hein.gao/gaobadhih0001 and id is 1 raw text is: DECISION FILE: B-193201 MATTER OF: DIGEST: 7 A. DATE: June 19, 1979 Robert J. M /vic eimbursement of Real Estate Commission Transferred employee may be reimbursed for broker's commission paid to realty firm which in turn paid employee's wife substantial part of commission as employee of firm. Applicable statute and regulations provide that employee may be reimbursed for expenses incident to sale of residence which are required to be paid in connection with transfers between duty stations. Wife, who was licensed real estate agent, was employed by firm and actually performed services for realtor in selling residence. Therefore, employee incurred legally enforceable debt. This action is in response to a request from Captain C. R. Blauw, USAF, Accounting and Finance Officer, for an advance decision regarding the claim of Mr. Robert J. Mihalovic for reimbursement of a broker's commission he paid to a realty firm which in turn paid his wife for services she rendered in connection with the sale of his residence at his former permanent duty station. Mr. Mihalovic was transferred from Richards - Gebaur AFB, Missouri to Scott AFB, Illinois in December 1977. In August 1978 Mr. Mihalovic's wife, who is a licensed real estate agent, sold their former residence in Kansas, which they owned in joint tenancy. Mr. Mihalovic paid a 7 percent broker's fee in the amount of $5,089 to his wife's employer, D. L. Mayor, Realtors, who then paid Mrs. Mihalovic a sales commission of $4,800. Mr. Mihalovic filed a voucher seeking reimbursement of the full $5,089 brokerage fee. Paragraph C14002, Volume 2 of the Joint Travel Regulations (JTR), which governs reimbursement of brokers' commissions provides in pertinent part: A broker's fee or real estate commission paid by the employee for services in selling his residence is reimbursable but not in excess of rates generally charged for such services by the broker or by brokers in the locality of the old duty station. * * THE COMPTROLLER GENERAL . J OF THE UNITED STATES WASHINGTON, D. C. 20548

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