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B-182929 1 (1975-11-26)

handle is hein.gao/gaobadcry0001 and id is 1 raw text is: THE COMPTA. LER GENERAL DE ISICDN OF THE UNITED STATES VWASH IN GTON, D.C. 2O548 FILE: DATE: OV 2 6 1975 B-182929 MATTER OF: Travis Stevenson - Reimbursement of Forfeited Deposit DIGEST: Eployee who was in the process of purchasing new residence incident to a transfer, and was prevented from completing the purchase transaction by a second transfer, may be reimbursed for $100 deposit he forfeited when he failed to complete the purchase, as a miscellaneous expense under PR para. 2-3.1 Lt seq., subject to limitations on amount payable contained in that paragraph. This matter is before us based t a request for an advance deci- sion that has been subnitted by an Authorized Certifying Officer of the United States Department of Agriculture (USDA). The issue presented is whother an employee may be reimbursed for the deposit he forfeited when he was prevented from completing the purchase of a new home by a trans- for to a new duty station4 Effective June 12, 1974, Mr. Travis Stevenson, an employee of the USDA, Soil Conservation Service, was transferred from Las Cruces to Aztec, New Mexico. Incident to this transfer he entered into a con- tract to purchase a residence at his new duty station. Before M4r. Stevenson could go to settlement and complete the transaction, he vas transferred again from Aztec to Grants, Nlew Mexico, pursuant to AD-202, Travel Authorization 163530012, dated August 15, 1974. Mr. Stevenson incurred the following expenses relating to the cancellation of the purchase transactions credit report $ 13.92 FMA appraisal fee $ 40.00 forfeited deposit $100.00 Under the authority of B-162274, September 11, 1967, Mr. Stevenson was reimbursed for the cost of the credit report and the FHA appraisal, but not for the deposit he lost. He is now reclaiming that amount, contend- ing that it is reimbursable as a miscellaneous expense under 5 U.S.C. 8 5724a(b) (1970), as implemented by Federal Travel Regulations (FPlR 101-7) para. 2-3.1 et 1e. (May 1973).

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