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B-199042 1 (1982-03-25)

handle is hein.gao/gaobadkel0001 and id is 1 raw text is: --7- DECISION • .. ,4 N..- De cls~r, 'N1. FILE; 4 IN B-199042 MATTER OF: DIGEST: T-IL! tw rO'4R4L r, R ORNERA. OF TIll UNIDW fITATU3 WASH I N3TOr1#t, D,C- 2OLP4f1 DATE: I!areh 25, 19 2 James W. Byron An employee is entitled to real estate expenses for selling his home at his old duty station only if the home was his residence when he was first defi- nitely notified by competent authority of his transfer to a new duty station. A Government employee sold his home and occupied an apartment 6 months before he received official notice of an appoint- ment to be a Special Agent with the Federal Bureau of Investigation. Advice of an agency recruiter that he stood a qood chance of appointment and that if eppointnd he would be transferred to another duty station after training does not satisfy the reqviirement that an employee inust recoive a definite notice of transfer while residing in the residence for which he claims selling expenses. The issue in this case is whether the employee's home at his old duty station was his residence when he was first definitely notified of his transfer to a new duty station. Since additional evidence does not show that the employee had been definitely advised that he would be appointed to a p3osition with the Federal Bureau of Inv'estigation (FBI) at the time he sold his residence out decision in Matter of James _We. By~ron, B-199042, March 3, 1981, is sustaned. While an employee of the Internal Revenue Service (IRS) in Boston, Massachusetts, Mr. Byron applied for a position as Special Agent with the FBI. on January 19, 1977, the FBI informed him that because it lacked funds no appointments would be made until after fiscal year 1977, ending Septem- ber 30, 1977. However, Mr. Eidward P. McNulty, Applicant Coordinator in the Bureau's Boston Office, strongly suggested that Mr. Byron would be offered an appointment because of his previous experience and qualifications. Mr. McNulty encouraged Mr. Byron to ta1te care of any significant per- sonal matters that might interfere with accepting a position. 11 . . , . . . . . 9 19.. ~ f. I - - - I -. 0 .U f- $1t f~•' I

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