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B-248770 1 (1992-07-23)

handle is hein.gao/gaobadoct0001 and id is 1 raw text is: 



Comptroller General
of the United States
Washltngwn, DC, 20548

Decision


Matter of:


File:

Date:


Duane


Feick


B-248770

July 23, 1992


DIGEST

A transferred employee was required to pay additional
federal income taxes on his relocation expense
reimbursement, but was unable to receive the benefit of the
relocation income tax allowance authorized by 5 U.S.C.
§ 5724b (1988) because he was a federal income tax
nonitemizer and those expenses may only be treated as an
itemized deduction on Schedule A of the Form 1040 income tax
return. This Office may not grant the relief requested
since the regulatory authority under 5 U.S.C. § 5724b has
been delegated to the General Service Administration,


DECISION

The Bureau of Land Management, Department of the Interior)l
has requested a decision on a transferred employee's
entitlement to an additional sum as a relocation income tax
(RIT) allowance. We hold that the employee may not be
reimbursed.

Mr. Duane Feick was transferred in the interest of the
government to Cheyenne, Wyoming, in July 1991 and was
reimbursed for his relocation expenses. He was required to
report his reimbursement as income on his federal income tax
returns and pay $658 additional federal income tax.
However, because he did not itemize his deductions on his
tax return, he was unable to take advantage of the RIT
allowance authorized by 5 U.S.C. § 5724b (1988) and be
reimbursed for that additional tax.

Prior to implementation of the Tax Reform Act of 1986,
employees transferred in the interest of the government were
able to claim virtually all of their relocation expenses
upo filing their Form 1040 tax return, since these expenses
were treated as an adjustment to gross income. Since


'Mr. David J. Holland, Chief, Division of Finance, Ref: 1382
(820)0


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