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B-196002 1 (1980-03-18)

handle is hein.gao/gaobadicd0001 and id is 1 raw text is: * k11 k TECOMPTROLLER GENERAL OF THE UNITED STATES ~ ~ ~WASHINGTON., 0. C. 2054E3 4. ' ()NATV, - B-196002 DATE: March 18, 1980 MATTER OF: Richard E. Whitmer DIGEST: (1) Employee transferred from position with Department of Defense in Germany to position with United States Forest Service in Alaska. Employee not entitled to real estate expenses incurred in buying a house in Alaska since his old and new official dut.y stations were not within the United States, its territories or possessions. 5 U.S.C. 5724a(a)(4) and para. 2-6.1 of the FTR. (2) Employee transferred from position with United States Forest Service in Alaska to position with the United States Marine Corps in California. Prior to transferring employee put down a deposit on a house in Alaska. As a result of the transfer the purchase of the house was not consummated and -seller retained employee's deposit as liquidated damages. Employee may have those expenses reim- bursed as miscellaneous expenses to the extent authorized under para. 2-3.3b of the FTR. (3) Employee transferred from Alaska to California. Prior to transferring employee entered into an agreement to purchase a house in Alaska and paid $300 deposit. Some time after the purchase contract was signed employee entered into a subsequent agreement with the seller to pay additional earnest money of $1,000. This subsequent agreement is not a valid modification of the original purchase contract since it was not supported by sufficient consideration. Since the claimant was not legally obligated to pay the additional earnest money he may not be reimbursed for it. C k qts _&v+ 4?v ' q e t EslqgIXP JkS IA4 DECMSION FILE: ~I1J N / ?/Z /_ 4 6-6,'11 P L) -

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