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B-205515 1 (1982-06-02)

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Ti' COMAPTtrLLP R GRl -NERAL
O e*THM UNITED 1 FJTATLUB
WAS E H I N GTON, V,0C, 205Alt


B-205515


DATE;  June P,


1982


MATTER OF;


Betty J,
Attorney


Fike
Fees


- Real Estate Expenses-


DIGEST;


Employee of Internal Revenue Service sold her
home in Cincinnati, Ohio, in April 1980, in
connection with official transfer and claims
attorney fees incident to the sale in excess
of the amount customarily charged in the
locality. Under applicable law and regula-
tions, necessary and reasonable legal fees
and costs incurred by reason of the sale of
a residence incident to a permanent change
of station may be reimbursed provided that
the-costs are within the customary range of
charges for such services within the locality
of the residence transaction. Since the em-
ployee's claim for attorney fees is in excess
of the maximum range established for residence
transactions in her locality by the Department
of Housing and Urban Development, her claim
is denied.


     A transferred employee incurred attorney fees in con-
nection with the sale of her residence at the old duty
station.  The issue presented for our consideration here
is whether the employee may be reimbursed for those costs
in an amount which is greater than the customary range of
charges for such services within the locality of the resi-
der.ce transaction. In determining that; the employee is
limited to the amount customarily charged in the locality,
we sustain our Claims Group's adjudication in Settlement
Certific&te Z-2825413, August 24, 1981.


     Ms. Betty J. Pike, ar
Service, was transferred f
Washington, in June 1980.
Ms. FiKe incurred $751 in


i employee of the Internal Revenue
erom Cincinnati, Ohio, to Seattle,
Incident to her transfer
attorney fees during the period

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