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B-243128 1 (1991-07-23)

handle is hein.gao/gaobadnxh0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 2054
Decision





Matter of: Irene Vigil

File:        B-243128

Date:       July 23, 1991


DECISION

The Internal Revenue Service (IRS) asks whether the claim of
Irene Vigil for transportation expenses incurred for personal
reasons over the Thanksgiving holidays in November 1987 may be
certified for payment.l/ For the following reasons, this
claim may not be paid.

Ms. Vigil, an IRS employee, whose official duty station is in
Sheridan, Wyoming, and whose residence is in Banner, Wyoming,
was attending a 1-month training class in Los Angeles,
California. During the Thanksgiving holidays in Novem-
ber 1987, Ms. Vigil elected to travel to Cheyenne, Wyoming,
for personal reasons. Ms. Vigil's actual transportation
expenses were $644.60, and she has claimed reimbursement in
the amount of $540 based on the constructive cost of 5 days
per diem in Los Angeles of $108 per day. The IRS has
reimbursed Ms. Vigil $123.95 for her meal and incidental
expenses for 4 days but not lodging expenses since she stayed
with her parents.

In regard to temporary absences from a temporary duty station
section 342.2(b) (2) of the Internal Revenue Manual (IRM)
provides:

      (2) Transportation expenses for travel to a place
      other/than residence/post of duty is not allowed.

 See also 41 C.F.R. § 301-7.11(b) (4) (1990), Federal Travel
 Regulations (FTR), which limits reimbursement for the trans-
 portation expenses to voluntary weekend return travel to the
 employee's official station or place of abode.

 The clear wording of the IRM prohibits such reimbursement. In
 addition, our decisions have routinely denied such claims
 since/there is no authority for such reimbursement unless the


 1/ This request was submitted by Linda B. Spellins, Chief,
 Accounting Section, Internal Revenue Service, Dallas, Texas.

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