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B-189824 1 (1978-09-07)

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B-189824


PATE:


Septembar 7, 1978


IVATTER

010 1ST:


OF:


Christy 0, Brost - Real Estate Expenses - Time
Limitation


Employee,  after transfer to new duty tation on
September  4, 1973, was authorized A-yrar extension
within which to sell his residence, Hie scld residence
at old duty station through tttnsaction known as
contract for deed on Augun6 26, 1975,, He incurred
additional expenses on Catober 21, 197?, when pur-
chaser paid balance due on contract, Since equitable
title to property passed to buyer upon execution of
contract for deed on August 26, that date is settle-
ment date for purpose of 2-year time limitation on
sale.  Employee may  also be reimbursed for autho-
rized real estate expenses incurred subsequent to
date contract was executed if expenses are reasonably
foreseeable as to amount when con!ract was executed
and if payments are made within maxImum  2-year
time limit for settling real estate transaction under
FTR  para. 2-0. le. Additional expenses here were
incurred more  than 2 years after transfer and may
not be reimbursed.


    This decision responds to a request from Judith it. Harris, an
authorized certifying officer of the United States DepArtment of the
Interior, The request concerns the claim of Mr. Christy G. Brost,
an employee of the Bureau of Reclamation, for real estate expenses
incurred pursuant to a change of official duty station. The issue is
whether he may be reimbursed  for certain expenses incurred more
than 2 years after the effective date of his transfer.

    Mr. Brost was transferred from Grand Junction, Colorado, to
Denver,  Colorado, and he reported for duty at Denver' on September 4,
1073,  He was granted a 1-year extension for completing the sale of
his former residence in accordance with the Federal Travel Iegula-
tions (FTR) (PMIR  101-7) paragraph 2-6. to (May 1973). Mr. Brost
therefore had 2 years from the date he reported for duty at Denver to
complete the residence transactions for which lie would be ititlted
to claim reimbursement.

   The  cortifying officer states that Mr. Brost submitted a claim
for reimbursement  of the expenses of selling his former residence.


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