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B-193607 1 (1979-03-08)

handle is hein.gao/gaobadgzi0001 and id is 1 raw text is: DECISION FILE: B- MATTER DIGEST: 7F 193607 DATE: March 8, 1979 OF: Krim M. Ballentine -eal Estate Ex enses )Settlement Date Limitation V e4/mi4, em Employee who transferred from Cleveland, Ohio, to St. Thomas, U.S. Virgin Islands, is not entitled to reimbursement for real estate expenses incurred in connection with the sale of his home at old duty station since settlement did not occur within 2 years of date on which employee reported to new duty station as required by FTR para. 2-6.1e, which regulation has force and effect of law and may not be waived in any individual case. . This action is in response to a letter dated October 19, 1978, from Mr. Krim M. Ballentine, Chief Deputy U.S. Marshal, Eastern District of Michigan, requesting reconsideration of our Claims Division settlement dated September 26, 1978, disallowing his claim for reimbursement of real estate expenses in connection with the sale of his residence more than 3 years after his trans- fer to a new official duty station. In June 1973, Mr. Ballentine was transferred from Cleveland, Ohio, to St. Thomas, U.S. Virgin Islands, reporting to his new official station on or about June 10. He was unable to sell his house at his old duty station until July 17, 1976, when settle- ment occurred. Due to his difficulty in selling the house, he had requested and was granted a 1-year extension of the time limit for which real estate expenses may be reimbursed. Since the initial year would have expired June 10, 1974, the approved extension carried through until June 10, 1975, 2 years from the date he reported for duty at his new official station. In his claim, Mr. Ballentine asserts that difficulties with prospective purchasers securing financing in a changing neighbor- hood, stringent mortgage requirements, etc., prevented the sale of his house within the 2-year period. However, since settlement for the sale of the house in Cleveland Heights was on July 17, 1976, more than 3 years after his original transfer, and more than 1 year after the extension expiration, his claim was administratively denied, and then disallowed by our Claims Division settlement of September 26, 1978. THE COMPTROLLER GENERAL 2 ~oF- THE UNITEO sTATES -\~7' ~ /WAASHINGTON, 0. C. 20548 Vt I P/, 14- //

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