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B-214256 1 (1984-06-28)

handle is hein.gao/gaobadltt0001 and id is 1 raw text is: 

                           THU COMPTROLLER MENERAL
  OECISION                 O p THE UNITEO ETATEB
                           WASHINGTON. 0. C. 204.




  FILE:   B-214256               DATE: June 28, 1984

  MATTER OF:     Felix C. Cornell


  DIGEST:

     An employee, who 3 years and 8 months after his
     transfer, applied for an extension of the time
     period in which to claim reimbursement of real
     estate expenses is not entitled to reimburse-
     ment of real estate selling expenses, since his
     residence was not sold within the 2-year period
     after his transfer, as required by travel regu-
     lations then in effect. The 3-year maximum
     period under amended regulations did not apply
     because the employee's 2-year period had
     expired before the amendment became effective.

     Mr. Felix C. Cornell, an employee of the Department of
Labor, is not entitled to reimbursement of real estate
selling expenses because the sale of his home was not
accomplished within the required time period after his
transfer.1

     Mr. Cornell reported for duty at his new duty station,
Las Vegas, Nevada, on November 29, 1979. Upon notice of his
transfer, he had immediately listed his residence for sale
at his old duty station, Tucson, Arizona, but because of
adverse conditions in the housing market he was unable to
sell it until August 9, 1983. He requested an extension of
the time limitation which was denied by the Department.

     Under 5 U.S.C. S 5724a, a Federal employee may be
reimbursed certain expenses incurred in connection with real
estate transactions resulting from a permanent change of
station. Regulations implementing this authority are found
in part 2, chapter 6 of the Federal Travel Regulations
in corp. by ref. 41 C.F.R. SS 101-7.003. Paragraph 2-6.1e
of the FTR, in effect at the time, provided that an employee
had 1 year from his reporting date at the new duty station
to reach settlement for sale and purchase of residences in
order to be reimbursed. This 1 year could be extended

1   The Assistant Secretary for Administration and
    Management, Department of Labor, requested this
    decision.

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