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B-207728 1 (1983-01-13)

handle is hein.gao/gaobadkuz0001 and id is 1 raw text is: OECISION K FILE: B-207728 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: January 13, 1983 MATTER OF: Adolph V. Cordova DIGEST: Employee transferred from Denver to Phoenix and then back to Denver, who sold Denver residence within the 1 year from effective date of first transfer but subsequent to retransfer, is entitled to reimbursement of residence sale expenses incident to initial transfer to Phoenix. Subsequent transfer does not extinguish the right to reimburse- ment created by the initial transfer and since real estate sale expenses were incurred prior to prospectively applicable holding in Matter of Shipp, 59 Comp. Gen. 502 (1980), reimbursement is not limited to expenses incurred prior to notice of re- transfer or those which could not be avoided. The Director, Budget and Finance Division, Equal Employment Opportunity Commission, has requested an advance decision whether Mr. Adolph V. Cordova may be reimbursed real estate expenses associated with the sale of his residence at Colorado Springs, Colorado, after he had been retransferred from Phoenix, Arizona, to Denver, Colorado. In order to be reimbursed resi- dence sale expenses under 5 U.S.C. 5724a(a)(4), the property sold must have been the employee's residence at his old duty station. Since the Colorado Springs property had been Mr. Cordova's residence at his old duty station prior to his initial transfer from Denver to Phoenix and since that residence was sold within 1 year of the effective date of that transfer and prior to the date of our holding in 59 Comp. Gen. 502 (1980) real estate sale expenses may be reimbursed in connec- tion with his first transfer from Denver to Phoenix. Mr. Cordova was appointed to the Commission's District Office in Phoenix, Arizona, in September 1978. He transferred to Phoenix from Denver, Colorado, where he had worked with another agency. The residence from

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