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B-196908 1 (1980-05-28)

handle is hein.gao/gaobadihf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .OF. s THE UN1ITED STATES WASHINGTON. D.C. 20548 FILE: B-196908 DATE: May 28, 1980 MATTER OF: Warren L. Shipp - Real Estate Expense7 DIGEST: Employee was transferred back to former duty station and was reimbursed expenses of selling former resi- dence there even though he did not contract to sell former residence until after he had been notified of retransfer. Under Beryl C. Tividad, B-182572, October 9, 1975, he may retain amount reimbursed. However, Tividad is overruled prospectively. Here- after, transferred employee is under same obligation to avoid unnecessary expenses as an employee whose transfer is cancelled and is entitled to only those real estate expenses which he has incurred prior to notice of retransfer and those which cannot be avoided. We have been asked to determine whether an employee may be reimbursed real estate exoenses in connection with the sale of his residence at his former duty station where he contracted to sell that residence after he had been notified that he was to be retransferred to that same duty station. Mr. W. Smallets, Finance and Accounting Officer, National Security Agency (NSA), has asked us whether Mr. Warren L. Shipp is entitled to real estate sale expenses. Mr. Shipp, an NSA employee, was transferred from Fort Meade, Maryland, to Princeton, New Jersey, in August 1978, and was authorized relocation expenses, including real estate transaction expenses. He was notified April 25, 1979, that he was to be transferred back to Fort Meade and he was retransferred to his former duty station in August 1979. On May 9, 1979, Mr. Shipp entered into a contract to sell his former Maryland residence and on August 8, 1979, he submitted a claim for expenses associated with the sale of that residence. His claim for real estate ex- penses was paid in the amount of $4, 671. 60. In the following week he submitted a claim for real estate expenses incurred in conjunction with the purchase of a residence in the Fort Meade area. The record does not indicate that Mr. Shipp's claim for real estate purchase expenses has been paid. Based on our holding in B-167141, July 23, 1969, Mr. Smallets asks whether Mr. Shipp should be required to reimburse the Government the $4, 671. 60 paid as real estate sale expenses.

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