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B-237947 1 (1990-01-18)

handle is hein.gao/gaobadnrb0001 and id is 1 raw text is: &:A iCb1 kv613) AThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Carol J. Carter File: B-237947 Date: January 18, 1990 DECISION A certifying officer for the Department of Health and Human Services requests an advance decision whether Ms. Carol J. Carter's claim for a forfeited real estate deposit may be separately paid as a residential transaction selling expense rather than being included in the miscellaneous expenses category for relocations. Ms. Carter had contracted to buy a house at her old duty station when she responded to a vacancy announcement, accepted a new job, and then trans- ferred to a new duty station in 1987. The transfer caused the forfeiture of her $500 real estate deposit when she decided not to go through with the contract to purchase the new house at the old duty station. That new house was never her residence. A forfeited real estate deposit may not be claimed as a real estate selling expense under 5 U.S.C. S 5724a(a)(4) and its implementing regulations because those provisions only authorize reimbursement of expenses pertaining to an employee's residence. However, the forfeited deposit may be claimed under the miscellaneous expense allowance for transfers provided by 5 U.S.C. S 5724a(b) (1982) and implementing regulations in the Federal Travel Regulations (FTR), para. 2-3.3 (Supp. 4, Aug. 23, 1982), incorp. by ref., 41 C.F.R. S 101-7.003 (1987). Gary R. Evans, B-733673, Nov. 7, 1989; Ralph A. Neeper, B-195920, June 30, 1980. Ms. Carter already has been paid the lump-sum $700 miscellaneous expense allowance prescribed in FTR para. 2-3.3a, which is payable without documentation of actual expenses incurred. Although under FTR, para. 2-3.3b greater reimbursement may be made for mis- cellaneous expenses than the $700 allowance already paid, 02

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