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B-261639 1 (1996-05-24)

handle is hein.gao/gaocrptadqy0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Kenneth Bellamy

File:        B-261639

Date:        May 24, 1996

DIGEST

1. A transferred employee purchased a lot near his new duty station, settled on it,
and then constructed a residence, but final settlement on the residence occurred
after the third anniversary of the date the employee reported for duty. The
employee requests that the 3-year time limit in § 302-6. 1(e), Federal Travel
Regulation (FTR), be waived because litigation between the contractor and the
employee caused the delay. Since the provisions of the FTR have the force and
effect of law, this Office is without authority to modify or waive those requirements.
William Buchanan, B-245281, Feb 20, 1992.

2. A transferred employee purchased a lot near his new duty station, settled on it
and then constructed a residence. Although final settlement on the residence
occurred after the third anniversary of the date the employee reported for duty, the
employee occupied the nearly completed residence as his commuting residence
before the time limit expired. The allowable expenses he incurred at the lot
purchase settlement may be reimbursed. Lloyd E. McLaughlin, B-189997, Feb. 1,
1978.

DECISION

This decision responds to a request from the Manager, Financial Services Branch,
Federal Aviation Administration (FAA).' The question asked is whether a
transferred employee may be reimbursed for expenses incurred incident to the
purchase of a lot when the final settlement on a newly constructed residence did
not occur until after the maximum time limit for residence transactions had expired.
We conclude that allowable expenses incurred to purchase the lot may be
reimbursed, but not the expenses incurred at final settlement after the 3-year time
limit had expired.


712523


1Ms. Deborah A. Osipchak.

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