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B-163955, JUN. 18, 1969

B-163955 Jun 18, 1969
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A COPY OF WHICH IS ENCLOSED. YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES IN QUESTION WAS DISALLOWED BECAUSE THE SETTLEMENT OF THE SALE OF YOUR FORMER RESIDENCE WAS NOT COMPLETED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF YOUR TRANSFER AS REQUIRED BY SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. EXCEPT WHEN SETTLEMENT IS DELAYED BY LITIGATION . SINCE THAT REGULATION WAS ISSUED UNDER THE AUTHORITY AND REQUIREMENT OF THE LAW WHICH PROVIDED FOR SUCH REIMBURSEMENT. IT IS UNFORTUNATE THAT SETTLEMENT OF THE SALE OF YOUR RESIDENCE WAS DELAYED BEYOND THE ONE YEAR ALLOWED. IN VIEW OF THE PROVISIONS OF THE CONTROLLING REGULATION AND SINCE SETTLEMENT ON THE SALE OF YOUR RESIDENCE WAS NOT DELAYED BY LITIGATION.

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B-163955, JUN. 18, 1969

TO MR. JOHN M. GIPE:

WE REFER TO YOUR LETTER OF MAY 7, 1969, BY WHICH YOU REQUEST THAT WE REVIEW THE DECISION OF MAY 20, 1968, B-163955, TO MR. A. E. DAZELL, AUTHORIZED CERTIFYING OFFICER, BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF THE INTERIOR, IN WHICH WE CONCLUDED THAT YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH THE SALE OF YOUR RESIDENCE AT YOUR OLD OFFICIAL STATION COULD NOT BE ALLOWED.

AS INDICATED IN THE DECISION TO MR. DAZELL, A COPY OF WHICH IS ENCLOSED, YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES IN QUESTION WAS DISALLOWED BECAUSE THE SETTLEMENT OF THE SALE OF YOUR FORMER RESIDENCE WAS NOT COMPLETED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF YOUR TRANSFER AS REQUIRED BY SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56. THE CITED REGULATION SPECIFICALLY REQUIRES THAT SETTLEMENT OF RESIDENCE SALE AND PURCHASE TRANSACTIONS BE COMPLETED WITHIN ONE YEAR OF THE EMPLOYEE'S TRANSFER -- EXCEPT WHEN SETTLEMENT IS DELAYED BY LITIGATION -- IN ORDER FOR HIM TO QUALIFY FOR REIMBURSEMENT OF OTHERWISE ALLOWABLE COSTS. SINCE THAT REGULATION WAS ISSUED UNDER THE AUTHORITY AND REQUIREMENT OF THE LAW WHICH PROVIDED FOR SUCH REIMBURSEMENT, IT HAS THE FORCE AND EFFECT OF LAW.

IT IS UNFORTUNATE THAT SETTLEMENT OF THE SALE OF YOUR RESIDENCE WAS DELAYED BEYOND THE ONE YEAR ALLOWED. HOWEVER, IN VIEW OF THE PROVISIONS OF THE CONTROLLING REGULATION AND SINCE SETTLEMENT ON THE SALE OF YOUR RESIDENCE WAS NOT DELAYED BY LITIGATION, THERE IS NO BASIS UPON WHICH WE MAY AUTHORIZE PAYMENT OF YOUR CLAIM.

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