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B-241770 1 (1991-03-25)

handle is hein.gao/gaobadcbo0001 and id is 1 raw text is: 4T~rptroller General of the United States eWlilgto. D.C. 20548 D1ecision Matter of: File: Date: Paul D. Atkinsonv Real Estate Expenses - Title Requirements B-241770. March 25, 1991 DIGEST 1. A transferred employee .sold his residence at the old duty station which he owned in his capacity as trustee of an inter vivos trust which he created in which he was sole beneficiary during his lifetime and in which he retained full powers of revocation. Since employee was both sole trustee and sole - beneficiary, he retained all legal title and beneficial interest in the property and therefore, retained sufficient *title for purposes of real estate expense *reimburtement under the Federal Travel Regulations. Thus, he is entitled to receive reimbursement of real estate expenses associated with the sale of the residence. 2. In connection with the sale or purchase of a residence, a transferred employee is not entitled to reimbursement for a lawn service expense since that is a nonreimbursable routine maintenance cost. Also, where pest and home inspections were not required by law or as conditions of obtaining financing, they are not reimbursable. Costs of express mail are not reimbursable real estate expenses but may be reimbursed under the miscellaneous expense allowance. DECISION The issue in this decision is whether an employee may be reimbursed the cost of real estate transaction expenses related to the sale of a residence where the employee held title to the property in his capacity as sole trustee of an inter vivos (living) trust of which he was both settlor (creator) and sole beneficiary during his lifetime and in which he reserved to himself full powers of revocation during PUB3LUSHED DIEC1SION 70 Comp. Gen. 30R ____~~~21 8__ _7 1'1j'~l .c^P I r AL ZIL

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