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

B-196202 1 (1980-06-13)

handle is hein.gao/gaobadiir0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIlN OF THE UNITED. TATES WASHINGTON, D. C. 20548 UNITE.0 FILE: B-196202 . DA T.' June 13, 1980 MATTER OF: Allyn T. Baskerville elocation Expenses Realtor's Fee DIGEST: Employee may not be authorized payment of realtor's fee for sale of land incident to permanent change of station. Employee occupied rental quarters from which he commuted daily to and from work not resi- dence on land that he owned. Prior deci- sions of this Office cited in support of employee's claim are inapposite since employee did not construct home on property and land never became site of residence. This action is in response to a request for reconsideration by Mr. Allyn T. Baskerville of our decision -196202, March 12, 1980. Mr. Baskerville's claim for reimbursement for a realtor's fee for the sale of land incident to a permanent change of station was denied because he did-not construct a home on the property and land alone could not be defined as the residence from which he regularly commuted to and from work. Mr. Baskerville has based his request for reconsideration on our decisions, B-168818, February 9, 1970, and B-168186, November 24, 1969. We held in those decisions that an employee was entitled to reimbursement for the selling expenses of a house where the employee was precluded from establishing his residence in the house because of a transfer. The statutory authorization for the reimbursement of expenses of the sale of the employee's residence at his old duty station is contained in 5 U.S.C. § 5724a(a)(4) (1976). Section 2-6.Ldof the Federal Travel Regulations (FTR) (FPMR 101-7) (May 1973) imple- menting that statute provides that reimbursement of the expenses of selling the old residence may be made provided the dwelling for which reimbursement of selling expenses is claimed was the employee's residence at the time he was first definitely informed by competent authority of his transfer to the new official station. The term residence is defined in paragraph 2-1.4i of the FTR as the residence or other quarters from which the employee regularly commutes to and from work. j I a

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