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B-204915 1 (1982-01-15)

handle is hein.gao/gaobadkac0001 and id is 1 raw text is: /1 -7I- SO DECISION THE CCMPTR3LVIR OF THE UNITEC. WINERAL STATEB WAS HINW TON, .D,0o, 20548 FILE; B-204915 MATTER OF; DATE; Peter D, expenses January 15, 1982 Pendergast - Lease termination - Option to purchase DIGEST: Employee who entered Snto a lease/puirchase agreement and resided in a house at hib od duty station for 12 months is not entitled to reimbursemepnt of the money paid on the * lease when he relocates prior to exercising his option to purchase. The provisions of 5 US,.C § 5724a(a)(4), do not allow reim- bursement when no purchase, that is, no grant of equitable or legal title, ha occurred. Further, in the absence of any exercise of the option, the claimant has Snot forfeited the money. Thus, reimburse- ment may not be made under provisions of the Federal Travel Regulations, para. 2-3.1, which allows reimbursement for miscellaneous expenses. Ms. Anita R. Smith, Authorized Certifyj~ng Officer, United States Department of Agriculture, requests an ad- vance decision as to whether reimbursement may be mtde for relocation expenses incurred by Mr. Peter D. Pendergist, an employee of the Food and Nutrition Service, itcurred when he entered into a lease with an option to purchase a residence at his former duty station. The issue to be decided in this case is whether, under 5 U.S.C. § 5724a(a)(4) (1976), money paid on a lease with an option to purchase constitutes a reimbursable relocation expense incurred in a real estate trant ction when the claim- ant relocates prior to exercising the option to purchase. Based on the cited statutory provision as implemented by the Federal Travel Regulations (FTR) (FPNR 101-7, May 1973), we have determined that payment is not authorized. On December 30, 1980, by Travel Authorization Number 1-307-04, Mr. Pendergast was authorized a permanent change of station from Robbinsville, New Jersey, to Burlington, Massachusetts. In February 1980, Mr. Pendergast entered into a lease/purchase agreement for a residence in Willingboro, New Jersey. The temns of the lease gave Mr. Pendergast the -.. s. . . .

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