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B-191920 1 (1978-12-26)

handle is hein.gao/gaobadgsz0001 and id is 1 raw text is: DECISION FILE: B-191920 THE COMPTROLLER GENERAL . OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: December 26, MATTER OF: George D. Thomas - Relocation Expenses - Attorney's Fees - Costs of Litigation DIGEST: Employee claims reimbursement for attorney's fees incurred incident to his breach of contract to buy house at old duty station. Reimbursement of miscellaneous expenses incident to a transfer of station is permitted only for house which meets definition of residence. Further, reimbursement of costs of litigation is specifically precluded by regulation. I - .--Thi-s-advance decision is rendered at the request, dated May 9,_1978,iof Ms. Marie A. Bell, an authorized certifying officer of the Bureau of Alcohol, Tobacco and Firearms, Depart- ment of the Treasury, as to the propriety of certifying for payment the voucher in favor of Mr. George D. Thomas, an employee of the Bureau, for legal fees incurred in connection with a permanent change of station. On April 9, 1976, Mr. Thomas entered into a contract to purchase a residence in Stone Mountain, Georgia, with the owner of the residence through the Walter Scott Realty Company. Closing date.was set for June 28, 1976. On May 18, 1976, Mr. Thomas was notified of his transfer from Atlanta, Georgia, to Tampa, Florida, effective June 20, 1976. When Mr. Thomas notified the owner of the residence and the Walter Scott Realty Company of his transfer, they brought joint suit against him for breach of contract. Mr. Thomas paid an attorney $500 to represent him in this suit. He now seeks reimbursement of this fee as a miscellaneous moving expense. Chapter 2, Part 3 of the Federal Travel Regulations (FTR) (FPMR 101-7) provides a miscellaneous expense allowance to defray the various contingent costs associated with discontinuing a residence at an old duty station and establishing a residence at a new duty station in connection with a permanent change of station. Paragraph 2-1.4i of the FTR describes the residence in connection with which reimbursement of real estate and other expenses is allowed as the quarters from which the employee commutes to and from work. B-189998, March 22, 1978. Thus, the house which Mr. Thomas planned to buy at his old duty station is not a residence as defined above. Accordingly,

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