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B-213861 1 (1984-05-21)

handle is hein.gao/gaobadlse0001 and id is 1 raw text is: TECOMPTPROLLEIR GENERAL OECISION.. OP THE UNITED STATES WASHINQTON. 0. C. 20548 FILE: B-213861 DATE: May 21, 1984 MATTER OF: Ferrel G. Camp - Reimbursement of Real Estate Expenses - Title Requirements DIGEBT: Transferred employee claims reimburse- ment for expenses incurred incident to the sale of a residence at his old duty station. Title to that residence was in the name of employee's wife and her former husband, but employee and his wife resided in the house and she received all of the proceeds of the sale. Employee may be reimbursed for expenses of sale to the extent of his wife's interest in the residence, in this case 50 percent. The National Security Agendy (NSA) has requested our decision concerning the claim of a transferred employee, Ferrel G. Camp, for reimbursement of real estate expenses associated with the sale of a residence at his old official duty station. The NSA denied reimbursement because the residence was held in the name of Mr. Camp's wife and her former husband and, therefore, the title requirements of paragraph C14000-1.2 of Volume 2 of the Joint Travel Regulations (JTR) were not met. For the reasons that follow, we hold that Mr. Camp may be reim- bursed for 50 percent of the sales expenses. Mr. Camp was transferred from Fort Meade, Maryland, to Buckley, Colorado, in June 1983. Although he does not contest that title to the residence was in the name of his wife and her former husband, he claims that he is entitled to reimbursement of the costs of selling that residence because he resided in the house from August 1978 to June 1983 and made all mortgage payments during that period up to February 1983, when he personally paid off the mortgage balance. In addition, Mr. Camp points out that all proceeds from the sale of the residence went to his wife. The statutory authority for reimbursing a Federal employee for real estate expenses incurred incident to a transfer is 5 U.S.C. S 5724a(a)(4) (1982), which includes certain requirements relating to the title of the property

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