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B-184987 1 (1976-05-28)

handle is hein.gao/gaobaddlp0001 and id is 1 raw text is: DECISION FILE: B-18498 4 61 MATTER OF: David L. Toillion - Real Estate Expenses - Location of Duty Stations DIGEST: Employee who served 2-year tour of duty in Argentina between tours in Cheyenne, Wyoming, and Pierre, South Dakota, may not be reim- bursed for real estate expenses since statute and regulations require that both old and new duty stations be in the United States, its territories or possessions, the Commonwealth of Puerto Rico or the Canal Zone. This matter arises from a request for an advance decision submitted by an authorized certifying officer of United States Department of Transportation, Federal Highway Administration concerning the authority for reimbursing Mr. David L. Toillion for real estate expenses incurred incident to two transfers. Under the authority of Travel Order Number 32-80-071, dated March 5, 1970, Nr. Toillion was transferred from Cheyenne, Wyoming, to Buenos Aires, Argentina, for a 2-year assignment. Mr. Toillion did not sell his home in Cheyenne at that time because he hoped to return to that area when his assignment in Argentina was completed. By Travel Order Number 61-20-091, dated May 8, 1972, Mr. Toillion was transferred from Buenos Aires to Pierre, South Dakota. He then put his Cheyenne residence, which he had been renting, up for sale. The property was sold, with the settlement taking place on September 19, 1973. On October 3, 1973, Mr. Toillion submitted a claim for reimbursement of expenses arising from that sale in the amount of $3,307.50. There is nothing in the record to indicate that he has made a claim for the purchase of a residence in Pierre. Reimbursement of transfer-related real estate expenses is authorized by 5 U.S.C. 6 5724a(a)(4) (1970) which provides, in pertinent part, that: Expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old station and purchase of a home at the new official station required to be THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 2054 mAY 2 8 1976 K ( (~7V 7 :

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