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B-201418 1 (1981-09-22)

handle is hein.gao/gaobadjsx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECIiN. Al- OF THE UNITED STATES /WASHINGTON D.C. 20548 / t.L.,'7 FILE: B-201418 p.DATE: September 22, 1981 MATTER OF: Kenneth M. Smit-h - Tmporary Quarters Subsistence Expenses OIGEST: Employee may not be reimbursed for temporary quarters subsistence ex- 'penses for the period beginning July 17, 1979, where family departed residence in Dallas, Texas, on that date to travel to new duty station. in Tyler, Texas, and subsequently reoccupied Dallas residence on August 22, 1979. Paragraph 2-5.2c of the Federal Travel Regulations requires that the employee's former residence be vacated as a condition of entitlement to temporary quarters subsistence expenses. Employee has not provided sufficient evidence to establish that his family intended to vacate residence on July 17, 1979. The Internal Revenue Service requests our decision concerning the entitlement of Kenneth M. Smith to temporary quarters subsistence expenses. The question is raised be- cause of doubt as to when Mr. Smith's family vacated their residence at the former duty station. Mr. Smith was transferred from Dallas, Texas, to Tyler, Texas, effective February 5, 1979. His residence in Dallas was offered for sale but his family continued to occupy it until July 17, 1979. On that date, they joined Mr. Smith in Tyler. From August 6 through August 18, he was detailed to Dallas on temporary duty. It appears that his family re- turned to Dallas with him and that they occupied their residence there. Upon the conclusion of the temporary duty assignment on August 18, Mr. Smith and his family returned to Tyler and searched for suitable housing. Mr. Smith eventually rented quarters for himself from his parents while his family returned to Dallas on August 22, 1979, and reoccupied their residence. Although there is no indication when a sales contract was obtained on Mr. Smith's home in Dallas, ~14LIJP4~4 .~., b

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