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B-200749 1 (1980-12-29)

handle is hein.gao/gaobadits0001 and id is 1 raw text is: -,~ / ~~r\THE COMPTROLLER GENERAL D E CISIO0N OF THE UNITED STATES VVA AS HING TON. 0 . C. 20548E I;N~ T-- FILE: B-200749 MATTER DIGEST: DATE: December 29, 1980 OF: Jack R. Dugwyler, Jr.--Real estate sale expenses Employee transferred from Tacoma, Washing- ton toPortland, Oregon, in January 1976 and from Portland to Lakewood, Colorado, in September 1977, sold his family residence in Tacoma on September 25, 1978. He is not entitled to reimbursement of real estate sale expenses since applicable regulations limit maximum time for sale of residence at the old duty station (Tacoma) to within 2 years from entry on duty at the new station (Portland) and since the Tacoma residence does not qualify for real estate sale expenses incident to transfer to Lakewood because employee did not commute on a daily basis between it and Portland, his old duty station for purposes of that transfer. Mr. Jack B. Dugwyler, Jr., an employee of the Geological Survey, Department of Interior, appeals from the settlement dated December 7, 1979, issued by our Claims Division (now Claims Group) which disallowed his claim for reimbursement of real estate expense s7 incorred in selling his Tacoma, Washington residence incident to his permanent changes of duty station from Tacoma to Portland, Oregon, and from Portland to Lakewood, Colorado. The issues in this case are (1) whether the time period for sale of a residence at the employee's old duty station incident to his transfer to Portland may be extended beyond 2 years because of his subsequent transfer to Lakewood, and (2) whether the Tacoma residence qualifies for reim- bursement of residence sale expenses incident to his sbusequent transfer to Lakewood. We hold that the 1-year period, as properly extended to 2 years, may not be further extended and that the employee's weekend and occasional commuting between his Tacoma residence and Portland does not qualify that residence for real estate sale expenses incident to his transfer from Portland to Lakewood. J244L~ Z_ o~

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