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B-202018 1 (1981-11-24)

handle is hein.gao/gaobadjws0001 and id is 1 raw text is: 
/4


DFCISION


FILE;


2


-202018


OATh: 2k)yivlnber Ph, Il'V97


MATTER OF:


Patricia
Brokers'


At Wales - Real
Coimiss ion


Estatte Exv.enses -


Transterrod employee sold her interest in
residence to fotTker husbani, Although
sale of interest in residence constitutes
residence transaction within meanling of
5 U.S.C, § 5724a(a)(4) and FTR pora. 2-6.1
broker's fee paid may not be reimt'ursed
absent showing that employee was legally
obligated to make such payment to brokerage
firm under law of state where rewtidence was
located, Employee may be reimburuied legal
and advertising costs, but since dhe held
title tQ residence with person not a member
of immediate family at the time of the sale,
as defined in FTR para. 2-1.4d, reimbursement
is limited to extent of har interest in
residence.


     This is in response to a
Authorized Certifying officer,
Development (nUD), concerning
A. Wales to reimbursement for


request from Gerald IR. Pierce,
Department of Ho'asing and Urban
the entitlement of M. Patricia
certain real esta'te expenses.


     Effective August 28, 1978, Ms. Wales was transferred
from her position with the Department of the Arriy in El Paso#
Texas, to a position with BUD in Denver, Colorado. M. Wales
was authorized reimbursement for relocation costs, including
the costs of the sale of a residence at the old duty station.
The 1-year time limitation for the completion of real estate
transactions was extended on August 28c 197. .It is Ms. Wales'
entitlement to reimbursement for the costs associated with
sale of her residence which is presently at issuo.


     The
were set


facts which caused doubt as
forth in the administrative


to Ms.#
report


Wales'
as Lol


entitlement
lows;


Patricia A. Wales and her former husband
Robert Wales were divorced in September 1978,
and the divorce decree crlied for the proceeds
from the sale of their residence to be split.


                      ;2-o /u;z'-
THE COMPTR-OLLER CUN, AL
OF THE UNITED B3TATE
VWAUHIN  TOM, 0, 9C.,121546


DIGEST:

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