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B-198336 1 (1981-02-13)

handle is hein.gao/gaobadjcj0001 and id is 1 raw text is: 

         S      /-700            _

                                      THE COMPTROLLER GENERAL
              DECISION I.'       >    OF THE UNITED STATES
                              \;,4,,% WASHINGTON, 0. 0. 20548




              FILE: B-198336                DATE: February 13, 1981

              MATTER OF: Carlos A. W. DiBella - Temporary quarters
                           subsistence - lodging with friend

              DIGEST: Since employee did not show that his
                        lodging at friend's home caused his
                        friend to incur additional costs, he
                        is not entitled to reimbursement for
                        amount he paid to friend as temporary
                        quarters subsistence expenses.

                   The 4ssue in this case is whether an employee is
              entitled to temporary quarters subsistence expensesJfor
              staying at the home of a friend incident to the
              employee's permanent change of station.

                   Mr. Carlos A. W. DiBella, an employee of the Depart-
              ment of Energy, transferred from Washington, D.C.,
              to Oak Ridge, Tennessee, in June 1979. He seeks reim-
              bursement for staying at the home of a friend in Oak
              Ridge based on a claim for temporary quarters subsis-
              tence expenses authorized by 5 U.S.C. § 5724a(a) (3).
4Mr. DiBella maintains that he is entitled to the
              amount paid to his friend, averaging approximately
              $8.50 per night, since this amount is reasonable and
              less than one-half the amount of commercial lodging.
              B.B. Hensley, an Authorized Certifying Officer, dis-
              allowed reimbursement because Mr. DiBella submitted
              no evidence that his stay created an additional ex-
              pense borne by his friend.

                   The applicable regulations - Part 2-5 of the
              Federal Travel Regulations - do not preclude reim-
              bursement for payment of rent to a friend whose prem-
              ises are occupied as temporary quarters. However, the
              amount may not exceed the friend's additional cost
              of providing the lodging. See Richard Ennis, B-190716,
              May 9, 1978. The burden is on the employee to prove
              the additional expense caused by the lodging. Richard W.
              Metzler, B-191673, December 5, 1978.

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