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B-233161 1 (1989-07-14)

handle is hein.gao/gaobadnnc0001 and id is 1 raw text is: of the United States Wubington, D.C. 2058 Decision Jerrold Cooley - Temporary Quarters Subsistence Matter of: Expenses - Residence Owned by Employee File: B-233161 Date: July 14, 1989 DIGEST A transferred employee and his immediate family moved into a house which he owned at the new duty station. He had rented it out for 3 years prior to transfer, and has currently listed it for sale. The employee claims entitlement to 60 days subsistence expenses for temporary occupancy of the residence, asserting that it is unsuitable for children and that he intends to move to permanent quarters closer to his worksite as soon as it is sold. His claim may not be allowed. The asserted unsuitability for children and the plan to move as soon as it is sold are too vague and indefinite to establish that the house qualifies as temporary quarters. DECISION This decision is in response to a request from the Chief, Pre-Audit Unit, Administrative Office of the United States Courts, concerning an employee's entitlement to be reimbursed temporary quarters subsistence expenses while occupying a residence owned by him. We conclude that the employee may not be reimbursed, for the following reasons. BACKGROUND Mr. Jerrold Cooley, an employee of the United States Probation Office, was transferred from Cheyenne, Wyoming, to Missoula, Montana, with a reporting date of April 11, 1988. On transfer, Mr. Cooley, his wife and two young children moved into a three bedroom residence owned by him in Lolo, Montana, approximately 11 miles from Missoula. He had purchased this residence (approximately 1500 square feet of living space) before his children were born and had rented it out for 3 years. In March 1988, the tenant left and Mr. Cooley put the house up for sale because, in his judgment, it was not suitable for children. According to Mr. Cooley, he intended to occupy the residence only until CAcC 6 13,9 1 E-

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