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B-202243 1 (1981-08-14)

handle is hein.gao/gaobadjqm0001 and id is 1 raw text is: 



DECISION





FILE: B-202243


THE COMP    EROL'E GENERAL
OF THE UNITED STATES
WASHINGTON,, 0.C. 20546



      DATE:  August 14, 1981


         MATTER OF: Patrick T. Schluck - Temporary quarters
                     subsistence expenses - Vacating residence
                     at old duty station
         DIGEST:
                 Employee's family joined him in temporary
                 quarters at his new duty station for 10 days,
                 but, due to the unexpected canceling of a
                 contract for the purchase of a new home at
                 his new duty station, returned to and oc-
                 cupied their former residence pending the
                 purchase of another home. Since the record
                 shows objective evidence of his family's
                 intent to vacate their former residence
                 when they joined him at his new duty station,
                 the employee is entitled to temporary
                 quarters subsistence expenses for his
                 family under para. 2-5.2 of the Federal
                 Travel Regulations for the 10-day period.

          The issue presented is whether an employee may be
      reimbursed temporary quarters subsistence expenses for
      his family where they joined him in temporary quarters
      at his new duty station for 10 days, but then moved
      back into the family home at his old duty station pending
      the purchase of a new home.

          Mr. Patrick T. Schluck, an employee of the Internal
      Revenue Service, was authorized relocation expenses,
      including 30 days temporary quarters, for his move from
      Greenville, Mississippi, to Houston, Texas. His reporting
      date in Houston was June 2, 1980. His family subsequently
      joined him in Houston where he had entered into a contract
      for the purchase of a house which was to be ready for
      occupancy sometime prior to July 15, 1980. While awaiting
      availability of this house, the Schluck family occupied
      temporary quarters in Houston for a 10-day period commenc-
      ing June 24, 1980. However, on July 4, 1980, Mr. Schluck's
      family returned to their former residence in Greenville
      after Mr. Schluck canceled the contract for the house in
      in Houston. He explained that this action was necessary
      because his wife discovered the house was too small to
      provide suitable living quarters for the family.
      Mr. Schluck purchased a second home in Houston on July 2,
      1980. This house was not available for occupancy until
      August 1, 1980.



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