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B-195929 1 (1980-05-27)

handle is hein.gao/gaobadihc0001 and id is 1 raw text is: ,~0LLER ~13 '3 ~ THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTON, D.C. 20548 FILE: B-195929 DATE: May MATTER OF: Thomas G. Neiderman - Real Estate Expense Title Requirement DIGEST: 27, 1980 Relocated employee sold residence at old duty station which he jointly owned with his divorced wife. For reimbursement of sale expenses Federal Travel Regulations require that title to residence be in name of employee alone, or in joint names of employee and one or more members of his immediate family, or solely in name of one or more members of his immediate family. Under these regulations, an employee's former spouse is not a member of his immediate family. Reimburse- ment of real estate expenses is therefore limited to the extent of employee interest in residence, in this case 50 percent. This matter concerns the appeal of Mr. Thomas G. Neiderman, a employee of the Public Health Service Departmentof Health, Education and Welfare, frdm the dis owance of his claim by our Claims Division for reimbursement of real estate expenses incurred incident to his change of permanent duty station. By Travel Order No. 042989, dated August 6, 1976, Mr. Neiderman was transferred from Salt Lake City, Utah, to New Orleans, Louisiana. In accordance with the above travel order, Mr. Neiderman was entitled to reimbursement of allowable expenses incurred in selling his residence at his old official station, Salt Lake City. The report shows that title . to the residence sold at the old duty station in the latter part of 1976 was listed in the names of the employee and his former wife. The statutory authority for reimbursing an employee for real estate expenses incurred incident to a transfer is 5 U.S.C. § 5724a(a)(4) (1976), which includes certain requirements relating to the title to the property involved. These requirements are carried over into the Federal Travel Regulations (FPMR 101-7) para. 2-6.lc (May 1973)(FTR), which states in pertinent part that real estate expenses may be reimbursed provided that: The title to the residence or dwelling at the old or new official station, or the interest in a cooperatively owned dwelling t I \ e, ON

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