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B-245933 1 (1992-02-28)

handle is hein.gao/gaobadoae0001 and id is 1 raw text is: Comptroller General of the United States Washington, DC, 2N48 Decision Matter of: Hollis Whitaker File: B-245933 Date: February 28, 1992 Digest An employee is not entitled to real estate selling expenses upon his transfer to a new duty station when the home that was sold was not located at his old duty station and he did not regularly commute between the home and his place of work, as travel regulations require, regardless of the fact that he may have received erroneous advice from agency personnel. DECISION Mr. Hollis Whitaker, a civilian employee of the Department of Defense (DOD), appeals our Claims Group's settlement' denying his claim for real estate expenses incurred incident to the sale of his Knoxville, Tennessee residence. For the reasons stated below, we sustain the settlement, In September, 1988, Mr, Whitaker transferred from Fort Devens, Massachusetts to Washington, D.C, and was authorized full relocation benefits, Although Mr. Whitaker maintained an apartment in Massachusetts, he claimed real estate expenses for the sale of his residence in Knoxville, Tennessee, where he had lived before accepting the position at Fort Devens, Mr. Whitaker had been self-employed at the time he accepted the position at Fort Devens. Both the agency and our Claims Group correctly denied Mr. Whitaker's claim, citing the well-established rule that real estate expenses may be paid for the sale of a residence (or settlement of an unexpired lease) located in an employee's old duty station, which in his case was Fort Devens, only when the residence sold is one from which the employee regularly commuted to and from work. Sge 5 U.S.C. § 5724a (1988) and the Federal Travel Regulations, 41 C.F.R 10Z-2867215, Jun. 17, 1991.

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