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B-215228 1 (1985-04-12)

handle is hein.gao/gaobadmcn0001 and id is 1 raw text is: '\'- .\j.- OECISION FILE: B-215228 THE COMPTI4OLLE G1NIIIAL OP THUK UNITED STATES WASHINGTON, D.C. 20548 DATE: April 12, 1985 MATTER OF: Reconsideration of Johnny M. Jones An employee requested reconsideration of our decision, Johnny M. Jones, 63 Comp. Gen. 531 (1984), denying his claim for temporary quarters subsistence expenses while occupying an apartment under a 1-year lease. The employee has presented evidence indicating that the lease he signed could have been cancelled without penalty if, as was his intent, he pur- chased a condominium unit in the same complex. While the execution of a 1-year lease under these circumstances may not necessarily evidence an intent to remain in the apartment for the full term of the lease, the employee's intent to purchase a residence at some future time, contin- gent upon the sale of his former resi- dence, is too indefinite to change the character of the rented quarters from permanent to temporary. Prior decision is affirmed. Mr. Johnny M. Jones has requested reconsideration of our decision holding that he was not entitled to temporary quarters subsistence expenses, contending that the 1-year lease he signed could have been cancelled without penalty if, as he intended to do, he purchased a condominium in the same complex.1/ While the signing of a 1-year lease under these circumstances is not necessarily determinative of an intent to remain in rented quarters on other than a tempo- rary basis, an intent to purchase a residence at some I/ Mr. Robert E. Hughes, a certifying officer with the U.S. Customs Service, Department of the Treasury, has forwarded the appeal of Johnny M. Jones, requesting reconsideration of our decision, Johnny M. Jones, 63 Comp. Gen. 531 (1984). 8Q 177? DIGEST:

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