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B-205412 1 (1982-04-15)

handle is hein.gao/gaobadkfz0001 and id is 1 raw text is: II


DECISION


FILE:


B-205412


MATTER OF:


DIGEST:


THF. COMPTRDLLERG EWNERAL
OF TH  UNITED UTATIB
WA 13FIHINQ(3TON, L, C, VO 15 4 B



      DATE: April 15, 1982


Richard


C.


Smith


1, Employee may be reimbursed deposit he
   forfeited to a builder who was to con-
   struct a residence for the employee
   before he was notified of his transfer.
   Such amount is a forfeiture loss within
   the meaning of para. 2-3.1 et seq. of
   the Federal Travel Regulations (FTR)
   and is payable as a miscellaneous
   expense.


2. Although the employee intended
   a residence on a lot at his old
   station before his transfer, he


to build
I duty
.is


not entitled to real estate expenses
for sale of the lot. The employee did
not live in a residence on the Jot when
he was first notified by competent
authority of his impending transfer
as required by para. 2-6,1d of the
FederaleTravel Regulations (FTR).  Real
estate expenses are payable only for
the sale or purchase of a lot integrated
with a dwelling or used for a mobile home
in accordance with para. 2-6.1 of the
FTR.


     May an employee be reimbursed real estate expenses for the
sale of a lot and for a deposit that he paid to a builder for
the construction of a residence at his old duty station which
was forfeited because of his transfer?   As we will ex;.;ain, he
may be reimbursed the amount he forfeited to the builder, but
he may not be reimbursed the real estate expenses for the sale
of the lot.


    Mr. Richard C. Smith, an employee
Administration, transferred from Storm
Joseph, Missouri, effective January 12
or early August 1980, he and his wife
in Storm Lake and purchased a lot on it
to construct a new home. lie and his fe
quarters until their new home could be


of the Soci
Lake, Iowa
  1981. In
sold their
hich they i
amily moved
built,   He


al Security
, to Saint
late July
residence
intended
into rental
t paid a


'V
)


a /5-


/0


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