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B-243802 1 (1991-08-05)

handle is hein.gao/gaobadnxt0001 and id is 1 raw text is: Comptroller General ) of the United States Washington, D,0, 20548 Decision Matter of: Diane L. Svoboda - Pro Rata Reimbursement of Real Estate Expenses - Maximum Reimbursement File: B-243802 Date: August 5. 1991 DIGEST A transferred employee sold her duplex at her old duty station and has claimed relocation expenses, based on a pro rata amount, up to the statutory maximum of $17,177. The agency limited reimbursement to 50 percent of the statutory maximum or $8,588.50 based on an interpretation of its own regula- tions. The claim may be paid since the statutory authority and the implementing Federal Travel Regulations clearly contemplate that the employee shall be reimbursed up to the statutory maximum. DECXsXON A decisionfis requested on whether Ms. Diane L. Svoboda, an employee of the Internal Revenue Service (IRS), may be reimbursed a pro rata amount for the sale of her duplex home, not to exceed the maximum statutory amount of reimbursement in effect at the time of her transfer, or is her reimbursement limited to a pro rata amount of the maximum statutory amount authorized.1/ For the following reasons, we hold that Ms. Svoboda may be reimbursed for the pro rata expenses of the sale of her residence not to exceed the statutory maximum amount of $17,177. BACKGROUND Ms. Svoboda was transferred from West Los Angeles, California, to Washington, D.C., and reported for duty on January 19, 1988. In October 1989, Ms. Svoboda sold her duplex in Hermosa Beach, California, for $640,000. One unit of the duplex was her residence and the other was rented out. Expenses for the sale totaled $36,002.50, of which $31,820 was the real estate broker' s commission. 1/ A decision was requested by Gwendolyn A. Walker, Certify- ing Officer, Department of the Treasury, Internal Revenue Service, Washington, D.C.

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