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B-236557 1 (1989-09-27)

handle is hein.gao/gaobadnpj0001 and id is 1 raw text is: 


CThe Commpoiler General
            at the United States
            Washngtes, D.C 2064

            D~ecision

                        Anne Dickinson - Real Estate Expenses - Qualifying

            Matter ob   Residence

            File:       B-236557

            Date:       September 27, 1989


              DIGEST

              An employee, who was not occupying her house when she
              received official notice of a transfer, is entitled to real
              estate expenses for the sale of the house where arrangements
              she made evinced an intention to occupy the house but she
              was prevented from occupying it prior to her transfer notice
              by circumstances beyond her control.


              DECISION

              The issue in this case is whether Ms. Dickinson, who did not
              occupy the house she owned when officially notified of her
              transfer, is entitled to real estate expense reimbursement.
              For the reasons set forth hereafter, we conclude that the
              house did qualify as Ms. Dickinson's residence for purposes
              of real estate expense reimbursement.

              BACKGROUND

              Ms. Dickinson purchased the house in 1984 and occupied it,
              commuting between the house and her duty station, until
              April 1986, when damage resulting from a flood made the
              house uninhabitable. Upon being forced to vacate the
              house, Ms. Dickinson moved into government quarters which
              her agency, the Forest Service, rented to her. When
              repairs to her house were completed, in the Fall of 1986,
              Ms. Dickinson's oldest son moved back into the house.
              However, Ms. Dickinson chose to remain in the government
              quarters and rent the unoccupied portion of the house to
              college students. In the Fall of 1988, Ms. Dickinson
              decided to move back into the house due to the depressed
              rental market in the area. In December 1988, she asked
              her last remaining tenant to leave and he moved out in

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