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B-207420 1 (1983-02-01)

handle is hein.gao/gaobadkwf0001 and id is 1 raw text is: B-207420 applied to the downpayment. The election was to have been by written notice to the owner. Purchase would have required 10 percent downpayment with financing at a named savings and loan institution. Our files do not indicate that Ms. Beaton prior to her transfer had initiated any of these steps to purchase, including making arrangements for the necessary financing. Ms. Beaton believes she is entitled to reimbursement for the forfeited $1,000 deposit. She relies on our decisions B-177595, March 2, 1973, and Matter of Lombardo, B-190764, April 14, 1978, which authorized reimbursement as part of the miscellaneous expenses allowance for deposits forfeited under contracts to purchase residences at the employees' old duty stations. The purchases were not completed and the deposits were forfeited because the employees were transferred prior to settlement. The Chief, Accounting and Finance Division, Defense Logistics Agency, requested an advance decision from the Comptroller General through the Per Diem, Travel, and Transportation Allowance Committee, PDTATAC Control No. 82-12. The employing office declined reimbursement because Ms. Beaton had never signed a binding contract to purchase the residence. As provided for in chapter 9 of Volume 2 of the Joint Travel Regulations (2 JTR) a transferred employee may be paid an allowance to defray various costs associated with the relocation of his residence. Paragraph C9007 states that the miscellaneous expense allowance will not be used to reimburse the employee for expenses brought about by circumstances, factors or actions in which the move to the new duty station was not the proximate cause. The evidence before us fails to establish that Ms. Beaton's transfer to Columbus was the proximate cause of the forfeiture. Ms. Beaton had no legal obligation to exercise the option either before or after the transfer and there is nothing in the record to establish that she in fact would have exercised the option had her duty station remained in Cleveland, Ohio. We allowed reimbursement for forfeited purchase deposits as items of miscellaneous expense in B-177595, - 2 -

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