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B-192898 1 (1979-01-25)

handle is hein.gao/gaobadgvx0001 and id is 1 raw text is: DEC1SION THE COMPTROLLER GENERAL OF THE UNITED STATES WVA S H INGTO0N ,, C C 20 5 48 FILE: B-192898 DATE: January 25, 1979 MATTER OF: lfred Duane Neill - eal estate expenses for residence not at official duty statio Employee claims reimbursement for real estate expenses incurred incident to sale of residence in Lubbock, Texas, incident to transfer from Fort Worth,. Texas, to Amarillo, Texas. Employee commuted daily from duty station in Fort Worth and traveled to residence in Lubbock, 290 miles distant, only on weekends. Employee is not entitled to reimbursement since Federal Travel Regulations require that residence be the one from which employee commutes regularly to and from work. Only exception to this requirement is when employee is assigned to remote area d4 F W h- an ort orL is not a remoLte area. Ms. Elizabeth A. Allen, Chief, Accounting Section, Internal Revenue Service, Southwest Region, Dallas, Texas, requests an. advance decision on the propriety of paying real estate expenses in the amount of $3,708 incurred by Mr. Alfred Duane Neill, inci- dent to a permanent change of duty station. Mr. Neill was appointed to the position of Attorney (Estate Tax) with the Internal Revenue Service (IRS) with his first duty station in Fort Worth, Texas, effective September 12, 1977. No moving expenses were authorized from Lubbock, Texas, the employee's residence at time of appointment to his first post of duty. After reporting for duty in Fort Worth he maintained his home in Lubbock, Texas, in which members of his family resided. Mr. Neill commuted each week to Lubbock. On May 24, 1978, Mr. Neill was authorized a change of station from Fort Worth, to Amarillo, Texas. Moving expenses and expenses for the sale and purchase of a resi- dence were authorized. Or a voucher dated August 14, 1978, Mr. Neill requests reimbursement for expenses incurred on August 7, 1978, for the sale of his residence located in Lubbock. Doubt exists as to the validity of the claim since the residence he sold was not located at his old official station and was not his actual residence at the time he was notified of his transfer to Amarillo. Section 5724a(a)(4) of title 5, United States Code (1976), authorizes the reimbursement of expenses of the purchase of a DIGEST:

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