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B-209109 1 (1982-12-15)

handle is hein.gao/gaobadktz0001 and id is 1 raw text is: T44,I CCMPTRQLLFIRUlINIRAL. IS: ION + OF THE 3UNITE UTATSI WA SHINGTON. 0,0. 2 054 FILE: B-209109 DATE: December 15, 1982 MATTER OF: Andres Tohar - Temporary Duty - Noncomnw'rcial Lodging DIGEST: Employee on temporary duty who lodged at the apartment of a private party is not entitled to reimbursement of the amount paid for lodgings in the absence of evidence that the rental agreement was the result of an arm',3-length busi- ness transaction between the parties, or that the expenses were otherwise reasonable and within the otandards set forth in 52 Comp. Gen. 78 (1972). Mr. John A. Murphy, an authorized cortifying officer of the United States Department of Education, requests a deci- sion concerning the claim of an employee, Mr. Andres Tobar, for the expenses of lodging in noncomercial quarters during a period of temporary duty. For the reasons stated bclow, the employee's claim may not be paid. Mr. Tobar was authorized to travel from Washington, D.C., to New York, New York, and return to Washington, D.C., from February 1 to February 7, 1981. During the period of his temporary duty, Mr. Tohar stayed at the apartment of a private individual, paying S40 per duy for a total of 8240. In support of his claim for lodging expenses, Mr. Tobar pro- vided the agency with a signed receipt from the apartment owner showing that he received $240 for the employee's lodgings, together with the owner's signed statement that Mr. Tobar had the exclusive use of the apartment for the period February 1 to February 7, 1981, and that the reasonable utility cost during Mr. Tobar's stay was $15 per day for a total of ninety dollars. The Department of Education denied payment as claimed because the agency had not authorized a specific per diem rate in advance under the provisions of paras. 1-8.1h and i-7.3c of the Federal Travel Regulations, FPMR 101-7 (September 1981) (FTR). Under the rules stated in our decision Clarence R. Foltz, 55 Comp. Gen. 856 (1976), the agency determined that the lodging expinses claimed by Mr. Tobar were not supported by information indicating that the charges were the result of extra expenses incurred by

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