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B-204046 1 (1981-08-27)

handle is hein.gao/gaobadjrm0001 and id is 1 raw text is: DECISION FILE: B-20404 MATTER OF DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 *6 DATE: August 27, 1981 Daniel J. Totheroh--.Pro rata reimburse- ment of real estate expenses A transferred Federal employee who sold the 30-acre tract of land and mobile home where he had resided at his old duty station may be reimbursed for the expenses of the land sale only on a prorated basis since the applicable regulations require that reimbursement be limited to the expenses of selling that part of the land which reasonably relates to the residence site, and the employing agency determined that only one-third of the 30-acre tract was reasonably related to the employee's homesite. The agency's determination may not be disturbed in the absence of proof that it is clearly erroneous. Para- graph 2-6.1f, FTR. 54 Comp. Gen. 597 (1975). This action is in response to correspondence dated July 10, 1981, from a Certifying Officer of the Department of Agriculture's National Finance Center requesting an advance decision on the propriety of issuing payment on a reclaim voucher in the amount of $4,636.09 submitted by Mr. Daniel J. Totheroh, an employee of the Department's Forest Service. That amount represents addi- tional real estate expenses claimed by Mr. Totheroh incident to his transfer from Redding to Placerville, California, in April 1980. In light of the facts presented, and the applicable pro- visions of law and regulation, we have concluded that the reclaim voucher may not be paid. At the time of his transfer in April 1980, Mr. Totheroh was residing in a mobile home located on a 30-acre tract of land near Redding, California. In August 1980 he sold the mobile home and the land. He has been reimbursed real estate expenses associated with the sale of his mobile home. His present claim relates to the voucher he submitted in September of 1980 on which he claimed real estate expenses incurred in connection with the sale of the 30-acre parcel on which the mobile home was situated. In April 1981 the County Supervisor of the Farmers Home Administraticn at Redding advised officials of the National Finance Center that the 30-acre tract of land sold by Mr. Totheroh could reasonably be divided into three 10-acre homesites, and that the purchaser of the property intended to divide the acreage up in just that manner. National Finance Center officials therefore concluded

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