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B-201861 1 (1981-04-01)

handle is hein.gao/gaobadjgu0001 and id is 1 raw text is: 


                         STHE COMPTROLLER GENERAL
         DECISON         .OF THE UNITED         STATEB
                           WASHINGTON. D. C. 20548




  FILE:  B-201861                DATE: April 1, 1981

  MATTER OF: Edwin Bosaw- empora y quarters subsis-
               tence expense .1

  DIGEST: Temporary quarters subsistence
           reimbursement is denied for the
           period the employee rented a
           home he intended to purchase
           as his permanent residence.

     We conclude in this decision that V.G. Leist,
Authorized Certifying Officer, Internal Revenue
Service (IRS), Central Region, properly denied the
16laim of Mr. Edwin Bosaw for temporary quarters sub-
sistence expenses.

      IRS:transferred Mr. Bosaw from Indianapolis,
 Indiana, -to Louisville, Kentucky, by authorization
 dated March 4, 1980. His claim for temporary quarters
 subsistence is for the period August 20 through
 September 14, 1980, during which only the first day
 was spent in commercial lodgings. The remaining
 25 days he lived in the new residence he was attempt-
 ing to purchase, where he paid $14 per day rent and
 $11 per day for meals. He points out that by renting
 the home he saved the dGovernment approximately $1,430
 for lodging and meals and $528 because temporary storage
 of his household goods was unnecessary.-

     An employee is not entitled to temporary quarters
 subsistence reimbursement for the rental of a home he
 intends to purchase as his permanent residence, even
 though final settlement of the purchase has not taken
 place., See Paul R. Thomas, B-185440, July 13, ,1976, and
 cases cited therein. As this decision states, 'the
 rule applies even though occupancy of the purchased
 quarters saved money for the Government. Moreover para.
 2-5.2d of the Federal Travel Regulations provides
 that temporary quarters is an expedient to be used only
 if necessary and until the employee can move into the
 permanent quarters.   In the present case, it is clear
 that Mr. Bosaw's intent was to occupy the residence on
 a permanent basis.'

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