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B-183667 1 (1976-05-03)

handle is hein.gao/gaobaddny0001 and id is 1 raw text is: V THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D. C. 20548 MAY 33197 FILE: DATE: MAY 3 1976 B-183667 MATTER OF: Warren J. Moxness - Claim for temporary quarters subsistence allowance DIGEST: Transferred employee moved into rented house on October 10, 1973, which he purchased.7 days later upon approval of loan application. Employee is not entitled to temporary quarters subsistence allowance by virtue of Federal Travel Regulations (FPMR 101-7) para. 2-5.2h (May 1973) because such paragraph requires that employee, in short distance transfer, occupy quarters other than permanent residence. Record in this case shows that employee was not occupying temporary quarters on October 10, 1973, the date he moved into a house which he intended to make his permanent quarters. This action is before us as the result of the appeal by Mr. Warren J. Moxness of the disallowance by our Transportation and Claims Division (now Claims Division) on March 11, 1975, of his claim for reimbursement in the amount of $259.25 for a temporary quarters subsistence allowance incident to an official change of duty station. The record indicates that Mr. Moxness, an employee of the United States Department of Agriculture, was transferred from Chicago, Illinois, to Minneapolis, Minnesota. Pursuant to Travel Authorization dated August 20, 1973, M1r. Moxness was authorized subsistence expenses in temporary quarters not to exceed 30 days. Upon arrival in Minneapolis on October 10, 1973, Mr. Hoxness moved into a house which he rented for $10 per day and subsequently pur- chased on October 17, 1973. In March 1974, Mr. Moxness submitted a voucher claiming subsistence in the amount of $259.25, which represented rent paid from October 10 to October 16, and $199.25 expended for meals and miscellaneous expenses. Despite his contention that he rented the house on a temporary basis and that he could vacate the premises if a clear deed could not be furnished or if mortgage money could not be obtained, it is undisputed that Mr. Moxness took immediate action to obtain apprcval of a loan for the purchase of the residence. By virtue of that action,

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