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B-214555 1 (1984-08-28)

handle is hein.gao/gaobadlwk0001 and id is 1 raw text is: 


                         THE COMPTINOLLEN UENENUAL
ODCISION                 OP THU UNITED STATES
                         WAGHINGTON. 0.0. 2064U




FILE:     B-214555            DATE: August 28, 1984

MATTER OF: Raymond L. Hipsher -- Real Estate Expenses --
              Broker's Commission

OIGEST:


       Transferred employee of the Veterans Admin-
       istration (VA) seeks reimbursement of
       7 percent real estate broker's commission
       he paid in connection with the July 1983
       sale of his residence in Gulfport,
       Mississippi, near former permanent duty
       station. The VA determined that 6 percent
       was the prevailing rate customarily charged
       in Gulfport, Mississippi, and reimbursed
       the employee at that rate. The Federal
       Travel Regulations in paragraph 2-6.2a
       require that the applicable rate is the
       rate generally charged by real estate
       brokers in the area, not the rate charged
       by the particular broker used by the
       employee. If employee, to expedite sale,
       pays commission greater than that usually
       charged, he cannot be reimbursed for the
       extra commission.

       The issue presented in this case is whether a
  transferred employee is entitled to reimbursement of the
  7 percent real estate broker's commission instead of a
  6 percent commission reimbursed by the agency. For the
  following reasons, we hold that he is not entitled to
  reimbursement of the broker's commission of 7 percent.

       At the request of Mr. Conrad R. Hoffman, Director,
  Office of Budget and Finance, Veterans Administration
  (VA), Washington, D.C., we are providing an advance deci-
  sion on the claim of Mr. Raymond L. Hipsher, a VA
  employee, for reimbursement of the full real estate
  broker's commission he paid when he was officially trans-
  ferred from Biloxi, Mississippi, to Washington, D.C.,
  effective April 4, 1983. In connection with this trans-
  fer, Mr. Hipsher sold his old residence in Gulfport,
  Mississippi, on July 23, 1983. Only one expense item from
  this sale is at issue here, namely, the real estate
  broker's commission.

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