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B-201591 1 (1981-04-16)

handle is hein.gao/gaobadjhj0001 and id is 1 raw text is: DECISION FILE: B-20159 MATTER OF: DIGEST: K7760 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 1 ,DATE: April 16, 1981 r--0 r- W. Carl Lindman r rata-reimbursement of real estate expenses9 Transferred employee sold residence on one acre lot to single purchaser as two separate parcels to enable buyer to obtain financing on portion of land containing residence. Fact that portion of land not containing residence was too small to use as separate building site and fact that one- acre lot size was common acreage for single family residences in area rebuts presumption raised by separate sale that smaller parcel was land in excess of that reasonably related to the residence site within meaning of paragraph 2-6.1h of the Federal Travel Regulations (FTR). Realtor's fees paid for sale of both parcels may be reimbursed. We have been asked by a Certifying Officer for the Depart- ment of Agriculture to determine whether Mr. W. Carl Linderman may be reimbursed a $300 realtor fee incurred in connection with the sale of his former residence. Mr. Linderman, a Department of Agriculture employee, was transferred from Pineville, Louisiana, to Pocatello, Idaho, in February 1980. In connection with that move, Mr. Linderman sold his Pineville residence which was situated on a one acre parcel of land. To enable the buyer to qualify for a low income, low interest loan, Mr. Linderman sold his residence to a single purchaser by means of two separate but related transactions. He sold the smaller portion of the land, consisting of less than one-half acre, to the buyer for cash. This enabled the buyer to purchase the residence with the remaining land at a price that was sufficiently reduced to qualify for the financing sought. The Department of Agriculture has reimbursed Mr. Linderman for the realtor's fee paid in connection with the sale of the residence portion of the land. The agency is in doubt, however, whether the $300 realtor's fee associ- ated with the smaller portion of land may be reimbursed. In this regard, the Certifying Officer refers to our holding in 54 Comp. Gen. 597 (1975) and to the following provision at paragraph 2-6.1f of the Federal Travel Regulations (FTR) (FPMR 101-7, May 1973):

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