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B-215708 1 (1984-10-11)

handle is hein.gao/gaobadlyr0001 and id is 1 raw text is: 19q53 )- T343 COMPTROLLER 61U1NENAL OIECiSION opF TmHe U Nun IT aTATrus ? WASHINGTON. 0. 0. 20549 FILE: B-215708 DATE: October 11, 1984 MATTER OF: Michael J. Johnson DIGEST: A transferred employee whose family continued to occupy their residence at the old duty station on a rental basis after it had been sold claims temporary quarters subsistence expenses for the period of occupancy. Reim- bursement is not authorized because there is no objective evidence of intent to vacate the family's permanent residence quarters. Incorrect advice by an agency official cannot be a basis of reimbursement. An employee claims temporary quarters subsistence expenses for the period that his family continued to occupy their residence at the old duty station after it had been sold.1! Although the employee contends that he was informed by an agency official that he would be reimbursed expenses incurred under a lease-back arrangement, payment may not be made since the residence was not vacated within the meaning of the applicable regulations. Mr. Michael J. Johnson, an employee of the Geological Survey, U.S. Department of the Interior, was transferred from Menlo Park, California, to Sacramento, California. He sold his residence in Menlo Park, California, on May 26, 1983, but was unable to occupy his new residence in Sacramento until on or after June 21, 1983. Pending occupancy of the new residence he rented his former residence from the new owner for $30 a day. He now claims entitlement to temporary quarters subsistence expenses for his three dependents who remained in the family's old residence on a rental basis for the period from May 27 through June 21, 1983. The agency disallowed Mr. Johnson's claim on grounds that he could not claim temporary quarters expenses for his family's continued occupancy of their 1/ Mr. Roy J. Heinbuch, Chief, Branch of Financial Management, Geological Survey, U.S. Department of the Interior, submitted this request for a decision.

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