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B-185584 1 (1976-06-30)

handle is hein.gao/gaobaddcf0001 and id is 1 raw text is: THE COMPTRL. LER GENERAL & DECISIONI . . OF THE UNITED STATES WASHINGTON, 0. C. 20546 FILE: DATE: JUN 3 o 1316 B-185584 l -7S MATTER OF: Clifton E. Klinefelter - Real estate transaction expenses DIGEST: Transferred employee who purchased residence 55 miles from new duty station is not entitled to reimbursement of real estate expenses incurred in connection with purchase in absence of clear evidence that he commuted to and from such residence on a daily basis. Where claimant's assertion in this regard is con- tradicted by his prior inconsistent statement and is not otherwise substantiated, claim is of doubtful validity and must be disallowed. This matter concerns an appeal to the settlement dated July 23, 1975, issued by our Transportation and Claims Division (now Claims Division), which disallowed the claim of Mr. Clifton E. Klinefelter, a former employee of the Veterans Administration. The claim is for reimbursement of real estate expenses incurred in the purchase of a residence. The record shows that in late January of 1974 Mr. Klinefelter was notified of a permanent change of station from Danville, Illinois, to Coatesville, Pennsylvania, with a reporting date of March 4, 1974. On February 1, 1974, Mr. Klinefelter consummated the purchase of a residence in Lebanon, Pennsylvania, a city located approximately 55 miles from his new duty station. Incident to the purchase of this residence, Mr. Klinefelter incurred real estate transaction expenses amounting to $692.50, for which reimbursement is claimed. Paragraph 2-6.1 of the Federal Travel Regulations (FPHR 101-7, May 1973) provide in pertinent part: 2-6.1 Cqnditions and requirements under which allowances are payable. To the extent allowable under this provision, the Government shall reim- burse an employee for expenses required to be paid by him in connection with the sale of one residence at his old official station, for pur- chase (including construction) of one dwelling at his new official station, or for the settlement

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