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B-197961 1 (1980-08-25)

handle is hein.gao/gaobadimy0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-197961 DATE: August 25, 1980 MATTER OF: Richard A. Furbish (Real Estate Broker's Bonus DIGEST: Employee who sold condominium incident to permanent change of station may not be reimbursed broker's selling-bonus in addition to 7 percent commission, where commission alone was prevailing real estate fee in area. Statutory provisions of 5 U.S.C. § 5724a(a)(4)(1976) and implementing regulations limit reimbursement to fee customarily charged in locality. lizabeth A. Allen, Chief, Accounting Sectionof the Internal Revenue Service, an authorized certifying officer, has requested our decision whether Richard A. Furbish may be reimbursed $720. The amount represents a portion of a bonus charged by a real estate broker in addition to a 7 percent commission fee, upon the sale of Mr. Furbish's home. on November 10, 1976, Mr. Furbish, an employee of the Internal Revenue Service (IRS), was given authorization for relocation expenses, including an allowance for real estate transactions, in connection with his transfer from Suitland, Maryland, to Lakewood, Colorado. Mr. Furbish experienced difficulty in finding a buyer for his con- dominium home; not until the third attempt at selling it, in December, 1978, did a real estate firm succeed in making a sale, charging Mr. Furbish a 7 percent real estate commission and a $1,000 bonus. The IRS has allowed payment of $1,680, the 7 percent commission charged against the $24,000 sale price of Mr. Furbish's condominium. At issue is the payment of the broker's bonus, only $720 of which could be reimbursed due to the 10 percent, or $2,400 ceiling set on real estate expenses by the Federal Travel Regulations (FTR)(FPMR 101-7) paragraph 2-6.2g (May 1973).

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