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B-188657 1 (1977-12-30)

handle is hein.gao/gaobadfmf0001 and id is 1 raw text is: ~THE Cr1M0PTRcGLLCn GENERAL DECIICN . .' ' THE UNITED TATES WASHINGTON. D.C. 20540 FILE: 8-108657 Dr 7E: Deceser 30, 1977 MATTER D: Frank M. Lindeen - Aelocation Expenses - Sale of House DIGEST:IRS employee, who was notified of transfer from Gary, Indiana, his permanent duty station, to 7.ndianapolis while on two year temporary detail in Buffalo, New York, may be reimbursed real estate expenses incident to sale of house in Gary upon transfer under FTR para. 2-6.1. Employee's residence was in Gary, and employee would have b-3en residing in residencE but for action of Government in detailing him to Buffalo. See cited cases. By a letter dated March 21, 1977, Ms. Virginia Leist, an authorized certifying officer wich the Central Region of the Internal Revenue Service, requested an advance decision regarding the reclaim voucher of Mr. Frank M. Lindeen in the amount of $551.70 for the expenses of selling a house incident to a permanent change of duty station. The record shows that Mr. Lindeen, who was stationed in Gary, Indiana, was given a temporary promotion on December 8, 1972, and detailed to Buffalo, New York. Mr. Lindeen's detail lasted for two years. He was authorized per diem for the entire period, as his official post remained Gary, Indiana. While on detail MT. Lindeen rented his house in Gary. At the end of the detail Mr. Lindeen was assigned to a post of duty in Indianapolis, Indiaia, and authorized moving expenses from Gary to Indianapolis. At that time Mr. Lindeen sold his residence in Gary. Reimbursement for the costs of 9ale was administratively disallowed in accordance with paragra-h 2-6.10 of the Federal Travel Regulations (PPMR 101-7, May 19-7), as Mr. Lindeen was not residing in the house on the dare upon which he was first definitely informed of the transfer. Upon reclaim Mr. Lindeen states that he was a resident of Gary at the time of transfer and that he would have been reesding in the house but for the action of the Government in detailing him to Buffalo, New York.

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