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B-193322 1 (1979-12-11)

handle is hein.gao/gaobadhui0001 and id is 1 raw text is: 




DECISION





FILE:   B-193322


MATTER OF: Gregory J. Abbott


DIGEST: Transferred   employee's Eclaim for subsistence
           expenses while occupying temporary quarters
           was red  ed by agency from $879.37 to $659.38.
           Agency considered what reasonably prudent per-
           son would expend in the geographic area,
           employee's dietary needs, and economic status
           in making reduction and compared meal expenses
           to those found in statistical references of
           United States Department of Agriculture.
           Agency action was not clearly erroneous, arbi-
           trary, or capricious. GAO will not substitute
           its judgment for that of agency. See 55 Comp.
           Gen. 1107 (1976); amplified, 56 Comp. Gen. 604
           (1977).


     Mr. Leon J. Boyce, Chief, Accounting Section, Internal Revenue.
 Service (IRS), Department of the Treasury, has asked us to deter-
,mine whether the IRS correctly reimbursed an employee, Mr. Gregory J.
Abbott, for his meal expenses while he occupied temporary quarters
incident to a transfer of his official duty station. Since the
record does not show that the action of the IRS in determining
Mr. Abbott's level of reimbursement was clearly erroneous, arbi-
trary, or capricious, we will not substitute our judgment for that
of  the employing agency..

      In his letter of submission of October 19, 1978, Mr. Boyce
 states in pertinent part as follows:

          Mr. Abbott claimed $450.39 for meals for the
      first ten-day period; $226.84 for the second ten-day
      period and $202.14 for the third ten-day period. We
      reimbursed Mr. Abbott $659.38 for meals covering the
      30 day period. We based our disallowance on your
      decision #B-185948, dated 5/12/76.

          Mr. Abbott's family consists of his wife and
      12 year old son. Temporary quarters were obtained
      in furnished accommodations with cooking facilities.


11  N01


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          THE   COMPTROLLER GENERAL
4-   .   > OF THE UNITED STATES
           WASHINGTON, O.C. 20549




                 CATEDecember   11, 1979

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