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B-203222 1 (1982-01-05)

handle is hein.gao/gaobadjzq0001 and id is 1 raw text is: F 44 /I2 3/ DECISION PILE; CO1F THE UNIT6fl YTATUt0 WASHINGTONo , O,. 1ob4vj B-203222 C MATTER OF; DIGEST: DATE: January 5, 19T4 William E. Klotz--Temporary Quarters Expenses Temporary quarters subsistence expenses are dliallowed for the 11-day period an employee occupied, on a rental basis, a residence he had contracted to purchase at his inew official sta.tion. Although the employee states he intended to occupy his residence only temporarily while he paid rent until his purchase became complete on settlement day, the facts and circumstances of the matter indicate that while the rental arrange- ment was temporary, he intended to occupy the residence permanently from the date he moved in. Mr, William E. Klotz, an employee of the Federal Bureau of Investigation (FBI), believes he Is entitled to temporary quarters subsistence expenses since he intended to occupy the residence he rented at his new duty station only temporarily until settlement day when he completed purchase of the home. The FBI denied the claim because he occupied the residence as his permanent home during the claim period as was the case in our decision Neil D. Wilton, B-184836, November 28, 1975, disallowing temporary quarters expenses under facts similar to those involved in Mr. Klotz's case. However, because Mr. Klotz disagrees with that denial, the Authorized Certify- ing Officer has submitted it to us for an advance decision. We agree with the FBI's denial of the claim since Mr. Klotz continuously occupied the residence without evidencing any intent other than to do so permanently throughout the rental period and after settlement day. Incident to his transfer from Hackensack, New Jersey, to Bristol, Virginia, Mr. Klotz while on a house-hunting trip to Bristol entered into a purchase ar eement for the residence on August 29, 1980. The FBI inuicates that on October 6 its Traffic Management Office arranged shipment of Mr. Klotz's household goods with their destination shown as the residence Mr. Klotz agreed to purchase on August 29. Upon arrival in Bristol, Mr. Klotz obtained IiDi31 O,99a

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