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B-180811 1 (1974-07-29)

handle is hein.gao/gaobadcch0001 and id is 1 raw text is: T7HE cCrA=TROLLEr1 MENIERAL .I 1 .... O THEU UNITEM STATES V. AS -N GTON - . C . 2O 5 3 L FILE: DATE: JUL 291974 MATTER OF: Reiabureme of brokerae and attorney fees in ) L s so ale of residence by transferred employee 1. Where an emploves entered into a contract for the purchase of a residence at his old duty station, but did not occunv the residence because at a transter, he may be reimbursed the costs of selline the resi- dence since he was prevnted from occupying the resi- dence, as reouired by the Federal Travel Regulations, by the act of the Government. 2. Where an employee claimed rainbursemnt for a lump- sum attorney fee incident to the sale of his resi- dence in connection witn transter, payment may not be made until he suirdts an itemized state.mewnt aince only those legal fees may be paid which are listed in section 2-6.2e, FPM{R 101-7, and the lump-sum fee may include unallowable items. An Authorized Certifying Officer, Department of Justice, has requested a decision in a letter dated March 5, 1974, as to whether a transferred employee may be reimbursed for the expenses of selling a residence under the circumstances described below. Mr. Jay horowitz, an Assistant United States Attorney for the Southern District of New York, lived in an apartment in Brooklyn with his wife and children. In May 1973 he contracted to purchase a residence in New Rochelle, New York, depositing $7,500, 10 percent of the purchase price, in accordance with the usual practice. Closing was set for Au-,,ust 1. 1973, and Xr. L:orowitz arranreu to terminate his c-3artmnt lease in August as well. After entering into the purchase contract, Mr. Horowits accepted a transfer to the Watergate Special Prosecution Force in Washington, D. C. He began his work in Washington as scheduled on August 19, 1973. On or about August 10, Mr. Horowitz and his family, at the conclusion of the lease, left the apartment in Brooklyn. Rather than moving his furniture to the house in New Rochelle and a second time to the Washington area, Mr. Horowitz chose to put it in storame. Mrs. Horowitz and the children stayed temporarily with her parents in New Jersey. Mr. Horowitz stayed in hotels in Washington and traveled to PUBLISHED DECISION 54 Comp. Gen.......... A O R4p

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