About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-193665 1 (1979-06-27)

handle is hein.gao/gaobadhit0001 and id is 1 raw text is: DECISION FILE: B-193665 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20.548 U'NITE DATE: June 27, 1979 Louis E. Sheffield, Jr. -/Reimbursement of Real Estate Expenses7 Employee seeks reimbursement of closing costs on residence purchased at new official station. Costs paid by seller but included in purchase price of house may be reimbursed to employee since closing costs are clearly discernible and separable from price allocable to realty, both buyer and seller regard costs as having been paid by buyer, and costs are properly documented. This action is in response to a letter dated December 1, 1978, from Mr. G. J. Pellon, Chief of the Fiscal Section, Regional Commissioner, Southeast Region, Internal Revenue Service. Mr. Pellon requested an advance decision concerning the claim of Mr. Louis E. Sheffield for reimbursement of real estate expenses in the amount of $540.50 which he incurred in connection with his purchase of a new home incident to the transfer of his official duty station from Albany, Georgia, to Atlanta, Georgia. The expenses in question are closing costs on the residence purchased by Mr. Sheffield at his new official station. They would clearly be allowable under 5 U.S.C. 5724a(a)(4)(1976) and chapter 2, part 6 of the Federal Travel Regulations (FPMR 101-7, May, 1973) but for the fact that the Settlement Statement, dated June 10, 1977, shows that-the seller paid most of the closing costs in question. In this connection FTR para. 2-6.1f provides for reimbursement of those real estate expenses that an employee paid incident to the sale of his residence at his old official station or the purchase of a residence at his new official station. Mr. Sheffield contends that, while the asking price on the house he purchased was increased to cover the closing costs which were paid out of the seller's proceeds at settlement, such costs were actually paid by him. Prior to our decision in 52 Comp. Gen. 11 (1972), we denied reimbursement of closing costs included in the purchase price of the real estate because we regarded them as having been paid by the seller. In that decision, however, we reversed our position, stating that closing costs included in the purchase price of the house were reimbursable so long as they were 'clearly discernible and separable from the price allocable to the realty. /1 41

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most