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B-168914 1 (1975-02-12)

handle is hein.gao/gaobadcfk0001 and id is 1 raw text is: 



                             THE  COMPTROLL R GENERAL
. ECISION        .         . OF   THE    UNIT     0  STATEB
                             WASHINGTON. D. C. 20548




FILE:   B-168914                    DATE:   Vin  2

MATTER OF: .John E. Thomas - Tine limitation on settlement
                 dates in real estate transactions
DIGEST:
            Employee who was transferred from Cincinnati to
            Washington on August 20, 1972, and was unable to
            sell or enter into contract for sale of residence
            at old official station during, initial 1-year
            period due to illness in family is entitled, where
            request is made in writing, to extension of 1 year,
            not to exceed 2 years from the effective date of
            his transfer, to settle sale of residence under
            provisions of FPMR A-40, section 2-6.1e, which
            became effective on May 1, 1973, within the initial
            year of his transfer. See B-181983, January 3,
            1975 (54 Comp. Gen.   ).

      This action is submitted for decision by the Chief, Accounting
 Branch (HFA-120), Department of Health, Education and Welfare,
 Public Health Service, Food and Drug Administration, as to whether
 under the circu-stances described herein the extension of the
 1-year time limitation relating to the completion of a real
 estate transaction may be approved.

      The record indicates that Mr. John E. Thomas' official duty
 station was transferred from Cincinnati, Ohio, to Mashineton, D.C.,
 effective August 20, 1972. On June 5, 1974, Mr. Thomas requested
 the limitation on settle:-cnt dates for real estate transactions
 be extended because of illness of his mother-in-law who lived
 with hin.  1e did not take any action during the initial 1-year
 period for the sale of his residence at the old official duty
 station which was occupied by members of his fanily until
 July 1973.  The record does not disclose that any contract was
 entered into 1-7.Mr. Thoma for the sale of the residence in
 Cincinnati, nor that there was any lit!iation concernin the
 sale of the property which would have justified extension of
 the 1-year period under the pertinent regulation applicable at
 the time of Mr. Thomas' transfer. See section 4.1e, Office of
 Management and Budget (OMB) Circular No. A-56, revised August 17,
 1971.

      During the initial 1-year period, however, the provisions
 of O11B Circular No. A-56 were superseded by General Services

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