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B-231992 1 (1989-12-15)

handle is hein.gao/gaobadnqp0001 and id is 1 raw text is: 



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


          David B. Pidduck - Relocation Service Contract -
          Liability Upon Cancellation - Duplicate Costs -
Matter of: Taxability

File:     B-231992

Date:      December 15, 1989


DIGEST

1. Employee accepted use of relocation services contractor,
but rejected contractor's offer to purchase his former home.
Employee does not have to reimburse the agency for direct
costs agency paid to contractor when the employee rejects
the contractor's purchase offer. Gerald F. Stangel,
Larry D. King, B-231911, Mar. 10, 1989, 68 Comp. Gen.

2. Agency paid relocation services contractor its direct
costs for appraisals and title work. After employee
rejected contractor's purchase offer, he also incurred
expense for appraisal and title services. He may not be
reimbursed for those expenses since they duplicate expenses
agency paid to relocation services contractor. The Federal
Travel Regulations in para. 2-12.5 (Supp. 11, Aug. 27, 1984)
prohibit a dual benefit once an election is made to use a
contractor.

3. In the absence of any statutory or regulatory restric-
tion, the amounts paid by an agency to a relocation services
contractor on behalf of an employee under the provisions of
5 U.S.C. S 5724c are not considered in determining the
maximum allowable reimbursement to the employee for his own
expenses in selling his residence on the open market under
S  5724a(a) (4).

4. The FTR provides that the expenses paid by a relocation
company providing relocation services on behalf of a
transferred employee may be subject to a relocation income
tax allowance to the extent such payments constitute income
to the employee. Specific questions pertaining to the
income tax consequences of such payments or to the applica-
bility of the allowance should be addressed to the Internal
Revenue Service.

5. Aqency is correct in its contention that employee was
erroneously reimbursed for mileage for weekend return

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