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B-237237 1 (1990-03-23)

handle is hein.gao/gaobadnse0001 and id is 1 raw text is: 


         The Comptroller General
         of the United States
\W~~U)   Wasbingron D.CQ 2054

         Decision

                   Carolyn S. Fleming - Relocation Income Tax
         Metterofl Allowance - Taxes not included

         File:     B-237237
         Date:     March 23, 1990

         DIGEST

         1. A transferred employee sold her residence at her old
         duty station and requests reimbursement for state income
         taxes required to be paid on the profit realized from that
         sale as a Relocation Income Tax (RIT) allowance under
         5 U.S.C. S 5724b (1988). The claim is denied. Under the
         statute and chapter 2, part 11 of the Federal Travel
         Regulations (FTR), only those relocation expenses and
         allowances which are reimbursable elsewhere in the FTR,
         chapter 2, may be included in the computation of a RIT
         allowance. Since state income taxes paid on the residence
         sales profit are not reimbursable under the FTR in the first
         instance, such taxes are not includable in computation of a
         RIT allowance. See Guerry G. Notte, B-223374, Feb. 17,
         1987, and decisions cited.

         2. A transferred employee who was required to have Federal
         Insurance Contributions Act (FICA) taxes withheld from her
         relocation expense reimbursement, may not be reimbursed
         those taxes under the provisions of 5 U.S.C. S 5724b (1988)
         and chapter 2, part 11 of the Federal Travel Regulations
         (FTR). Only the moving and relocation expenses listed in
         paragraph 2-11.3(a) through (i) of the FTR may be included
         in the computation of a Relocation Income Tax allowance.


         DECISION

         This decision is in response to a request from J. R.
         Burkett, Director, Division of Finance, Office of the
         Regional Director - Region VI, Department of Health ani
         Human Services. The request concerns an employee's riqht  
         be reimbursed as a Relocation Income Tax (RIT) allowanc-,
         state income taxes paid on the sale of her residence ani
         Federal Insurance Contributions Act (FICA) withheld from  r
         relocation expense reimbursement. We conclude that the
         employee is not entitid t- additional reimbursement for
         following reasons.

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