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B-199042 1 (1981-03-03)

handle is hein.gao/gaobadjef0001 and id is 1 raw text is: DECISION THE COMPI/ROLLER EN RAL OF THE UNITED STATES WASHINGTON. 0.C. .20549 FILE: B-199042 DATE: March 3, 1981 MATTER OF: James W. Byronf-&eal estate expenses- occupying residence An employee is not entitled to real estate selling expenses when he sold his residence before he was selected for transfer to an FBI position re- quiring a permanent change of station after temporary training. He did not reside in the residence when he was first definitely notified by competent authority that his permanent duty sta- tion would be changed. His claim is barred by paragraph 2-6.1d of the Federal Travel Regulations. The issue in this case is whether real estate expenses may be paid to an employee even though he vacated and sold his residence before being offered a transfer to another agency requiring him to change his permanent duty station. Mr. James W. Byron,7while employed by the Internal Revenue Service -in Boston, Massachusetts, applied for an appointment with the Federal Bureau of Investigation ;(FBI) as a special agent on April 8, 1976. ;The FBIby letter of January 19, 1977 ,noti- fied Mi Byron that because of unforeseen budgetary considerations the FBI could not make appointments until after fiscal year 1977D ending September 30, 1977. 'Despite this notice-,3Mr. Byron sold his resi- dence in Braintree, Massachusetts, on April 27, 1977, ,'and moved into an apartment with his family. He did not receive an official offer of 'an FBI appointment until November 16, 1977. He then transferred from the Internal Revenue Service to the FBI without a break in service and immediately began special agent training-t Quantico, Virginia. After thistemporary duty training,,the FBI assigned him to his n hw perma- nent duty stationiin Pittsburgh, Pennsylvania, on March 9, 1978. DIGEST:

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