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B-230741 1 (1988-09-19)

handle is hein.gao/gaobadnfk0001 and id is 1 raw text is: 



LThe Comptroller General
          of the United States
          Washington, D.C. 20548

          Decision


                     Ethan F. Roberts - Real Estate Expenses - Resale
          Matter of. Waiver Fee or Flip Tax

          File:      B-230741

          Date:      September 19, 1988


          DIGEST

          A transferred employee sold his cooperatively owned
          residence. He seeks reimbursement for a resale waiver fee
          or flip tax charged him by the cooperative which allowed
          him to dispose of his interest on the open market. Real
          estate expense reimbursements are strictly governed by the
          Federal Travel Regulations, and a resale waiver fee is not
          reimbursable under those regulations. William D. Landau,
          B-226013, Oct. 28, 1987.


          DECISION

          This decision is in response to a request from the Director,
          Office of Budget and Finance (Controller), Veterans
          Administration (VA). It concerns the entitlement of a VA
          employee to be reimbursed for a resale waiver fee in con-
          nection with the sale of a cooperative apartment incident
          to a permanent change of station. We conclude that he may
          not be reimbursed for the following reasons.

          BACKGROUND

          Mr. Ethan F. Roberts, an employee of the VA, was transferred
          from the VA Medical Center, Montrose, New York, to the VA
          Medical Center, Brecksville, Ohio, effective June 16, 1986.
          He owned a cooperative apartment in Ossining, New York, and
          incident to his transfer he sold his interest in that
          cooperative apartment. Among the expenses claimed was
          $4,600 which represented a resale waiver fee or flip tax
          charged him by the apartment cooperative.

          Under its by-laws, the cooperative has the right of first
          refusal to repurchase a shareholder's interest or to waive
          that right for a set fee. This permits the owner of that
          shareholder interest to dispose of it on the open market,

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