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B-226193 1 (1988-01-04)

handle is hein.gao/gaobadmyr0001 and id is 1 raw text is: 


) 0The Comptroller General
     of the United States
     Washington, D.C. 20548
     Decision




     Matterof: Timothy R. Glass - Real Estate Expenses -
               Occupancy Requirements
     File:     B-226193

     Date:     January 4, 1988


     DIGEST

     An employee who bought a house and resided there on
     weekends while remodeling it may be reimbursed for real
     estate expenses related to its sale even though he was
     not using it as a residence from which he commuted to and
     from work on a daily basis at the time he was notified of
     his transfer. The record shows the employee would have
     made the house his permanent home but for his transfer in
     the interest of the government.


     DECISION

     This decision is in response to a request from a certifying
     officer with the Rocky Mountain Regional Office, National
     Park Service, for an advance decision concerning the
     entitlement of Mr. Timothy R. Glass to reimbursement of real
     estate expenses he incurred in connection with the sale of
     a house located at Grand Lake, Colorado, in the vicinity of
     the Rocky Mountain Regional Park. The certifying officer
     questions Mr. Glass' entitlement to reimbursement because
     Mr. Glass resided in the house only on his weekly 3 non-
     workdays and he did not regularly commute from that resi-
     dence to and from work. Under the circumstances of this
     case and for the reasons outlined below, we hold that
     Mr. Glass' claim may be allowed.

     Mr. Glass was an employee of the Rocky Mountain National
     Park and was living in government quarters within the park
     when, on May 15, 1984, he purchased a house. In a letter
     dated September 15, 1986, Mr. Glass states that he and his
     family did not move into the house at the time of purchase
     because after the snow melted in late May he found that the
     main water line had frozen and broken, there were roof and
     foundation problems, and water draining from a spring on
     the property had settled at the front entrance. Mr. Glass
     and his family decided to live in the house on his 3 days


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