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B-224906 1 (1986-11-17)

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         The Comptroller General
         of the United States
9        Wahington, D.C. 20548
TDecision




         Matterof- Michael W. Rolf

         File:    B-224906

         Date:    November 17, 1986


         DIGEST

         Under paragraph 2-6.le of the Federal Travel Regulations, a
         transferred employee has 3 years (including a 1-year exten-
         sion) from the date of reporting at his new duty station in
         which to incur real estate transaction expenses in order to
         qualify for reimbursement of real estate purchase or sale
         expenses. Where closing on purchase of new residence was
         delayed pending outcome of lawsuit seeking rescission of
         purchase contract, employee exceeded 3-year period and may
         not be reimbursed since neither his agency nor the Comptrol-
         ler General may waive the 3-year period provided for by this
         regulation.


         DECISION

         A transferred employee who is eligible for real estate
         purchase expenses under 5 U.S.C. § 5724a is entitled to
         reimbursement only if the settlement date for the purchase of
         his new residence occurs within 3 years of the date on which
         he reported to his new duty station. In this case we are
         asked whether extenuating circumstances that delayed settle-
         ment warrant reimbursement for real estate expenses incurred
         by an employee more than 3 years after his transfer.1/ The
         employee may not be reimbursed since there is no authority to
         waive the time limitation established by regulation.

         BACKGROUND

         Michael W. Rolf, an employee of the Federal Bureau of
         Investigation, was transferred from Phoenix, Arizona, to
         Toledo, Ohio. He reported for duty in Toledo on August 17,
         1982. On August 16, 1982, Mr. Rolf signed a land contract
         for the purchase of a residence in Perrysburg, Ohio. As


         I/ The matter was submitted for an advance decision by
         William E. Burrows, Jr., an authorized certifying officer
         of the Federal Bureau of Investigation.


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