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B-200691 1 (1981-08-24)

handle is hein.gao/gaobadjre0001 and id is 1 raw text is: DECISION FILE: B-200( MATTER OF: DIGEST: -. 91 THE COMPTROLLER EIERAL OF THE UNITEO STATES WASHINGTON. 0. C. 20548 DATE: August 24, 1981 Mr. Anthony L. Santulli Notwithstanding rule that per diem is not payable at permanent duty station, employee claims per diem for period between July 1, 1973, and June 1975 for duty in Hartford area on basis that Hartford did not become his new duty sta- tion until Standard Form 50 evidencing transfer was issued in June of 1975. Since record otherwise establishes that employee was transferred to Hartford effective July 1, 1973, agency's failure ,to issue travel orders and otherwise formally document transfer until 1975 does not provide a basis to pay per diem claimed or to reimburse expenses of house- hunting trip undertaken more than 2 years -after effective date of transfer. 2. Employee who sold residence at old duty station in 1975 may not be reimbursed a legal fee of $250 incurred incident to that sale since the legal fee is not itemized so that allowable cost may be separated from costs of representation and counseling. Compare 56 Comp. Gen. 561 (1977) for transfers subsequent to April 27, 1977. This action is in response to a letter from Mr. Anthony L. Santulli, an emloyee of the General Services Administration (GSA), in which he appeals the settlement of our Claims Group, dated June 26, 1979. The settlement authorized reimbursement of a broker's commis- sion paid on the sale of his residence in Wolfeboro, New Hampshire. However, it disallowed Mr. Santulli's claim for legal expenses incident to that transaction in the absence of an itemization to determine the costs author- ized to be paid under the provisions of paragraph 2-6.2c of the Federal Travel Regulations (FTR) (FPMR 101-7) (May 1973). Mr. Santulli's claim for a house-hunting trip in August 1975 in connection with this move was disallowed for the reason that it occurred more than

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