Claim for Real Estate Expenses

While employed by the Internal Revenue Service (IRS), an employee applied for an appointment with the Federal Bureau of Investigation (FBI). FBI notified him that it could not make appointments until after fiscal year 1977. Despite that notice, the employee sold his residence and moved to an apartment. He did not receive an official offer of an FBI appointment until after that date. He transferred from IRS to FBI without a break in service, received temporary duty training, and was assigned a new permanent duty station. FBI denied reimbursement of his real estate selling expenses because the dwelling in question was not the employee's at the time he was first definitely informed of his transfer. The mere possibility of a relocation failed to satisfy the statutory requirements. In the present case, because FBI had yet to hire the employee when he sold his residence, GAO agreed with the agency determination and the payment for real estate expenses was denied.