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B-196298 1 (1980-04-23)

handle is hein.gao/gaobadifc0001 and id is 1 raw text is: V. FILE: B-19629 MATTER OF: DIGEST: 8 [DATE: April 23, 1980 John MacIvor - Real estate sales expenses Employee of Department of Agriculture who left his residence in San Leandro, California, to accept appointment at Tule Lake, California, was trans- ferred from Tule Lake to Hungry Horse, Montana. Employee is not entitled to reimbursement for real estate expenses of selling his San Leandro residence incident to transfer because residence which was sold was not at old station and he did not regularly commute between Tule Lake and such residence. Mr. John MacIvor, an employee of the Department of Agriculture, Forest Service, requests reconsideration of our Claims Division's August 9, 1979 denial of his claim for reimbursement of real estate sales expenses incurred incident to his transfer from Tule Lake, California, to Hungry Horse, Montana. We conclude that expenses of selling his former residence in San Leandro, California, may not be reimbursed because the property sold was not the residence from which he regularly commuted to and from his.former duty station at Tule Lake. The record indicates that Mr. MacIvor lived at his residence in San Leandro, California, until his appointment in July 1977 to a position in Tule Lake, California, as a Wildlife Biologist with the Fish and Wildlife Service. For reasons related to his daughter's schooling, Mr. MacIvor's wife and child continued to reside at the San Leandro residence after he began his employment. In September 1977, Mr. MacIvor was offered and accepted a position with the Forest Service at the Spotted Bear Ranger Station at Hungry Horse, Montana, with a reporting date of October 9, 1977. By travel authorization dated October 5, 1977, Mr. MacIvor was transferred from Tule Lake, California, to Hungry Horse, Montana. This travel authorization authorized reimburse- ment of real estate expenses. An amendment to the travel authorization dated March 21, 1978, indicates that his wife THE COMPTROLLER GENERAL 'DECSIONOF THE UNITED BTATEB WASHINGTON, o.Cr. 20548 C4 __ - I -2-A -3

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