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B-226013 1 (1987-10-28)

handle is hein.gao/gaobadmwx0001 and id is 1 raw text is: The Comptroller General of the United States Wahington, D.C. 20548 Decision William D. Landau - Real Estate Expenses - Matterof- Resale Waiver Fee or Flip Tax File: B-226013 Date: October 28, 1987 DIGEST A transferred employee sold his residence interest in a cooperatively-owned apartment building. He seeks reimburse- ment for a $10 a share (798 shares) resale waiver fee or Flip Tax charged him by the cooperative, thereby granting him the right to dispose of his ownership interest on the open market in lieu of repurchase by the cooperative at a lower price. Real estate expense reimbursements are strictly governed by the Federal Travel Regulations (FTR), in which FTR para. 2-6.2d(l) authorizes reimbursement of fees which are similar in nature to the specific fees listed in FTR para. 2-6.2d(l)(a) through (e). Since none of the specifically listed authorized expenses relate to the purchase of a right to sell, a resale waiver fee is not sufficiently similar to them to permit reimbursement. DECISION This decision is in response to a request from an Authorized Certifying Officer, Veterans Administration (VA). It concerns the entitlement of one of its employees to be reimbursed for a resale waiver fee in connection with the sale of a cooperative apartment incident to a permanent change of station. We conclude that he may not be reim- bursed for the following reasons. BACKGROUND Mr. William D. Landau, an employee of the VA, was stationed at the VA Regional Office in New York. He owned an apartment interest in the Toledo Court Mutual Housing Cooperative, Elmhurst, New York, which he occupied as his residence. In November 1985, he was transferred on a permanent change of station from New York to Washington, D.C., and sold his apartment interest which was represented by 798 shares of stock in the cooperative. Among the expenses claimed was $7,980, which represented a $10 per share resale waiver fee or flip tax charged him by the

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