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B-163043, JAN. 31, 1968

B-163043 Jan 31, 1968
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WHEN HE KNEW THAT CONSIDERATION WAS BEING GIVEN TO DISCONTINUANCE OF THE ONE-MAN OFFICE OF THE DIVISION TO WHICH HE WAS ASSIGNED. ALTHOUGH FORMAL DECISION WAS NOT MADE UNTIL JULY. MAY HAVE SUCH SALE REGARDED AS INCIDENT TO TRANSFER AND THE EMPLOYEE REIMBURSED FOR ALLOWABLE COSTS. KOUTSOUROS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 18. WHICH WAS EFFECTIVE IN OCTOBER 1967. HAD BEEN ADVISED SOMETIME PRIOR TO MAY 1967 THAT CONSIDERATION WAS BEING GIVEN TO THE DISCONTINUATION OF THE ONE-MAN CUMBERLAND OFFICE OF THE DIVISION TO WHICH HE WAS ASSIGNED. THE FINAL DECISION TO CLOSE THAT OFFICE WAS MADE IN JULY 1967. SUCH BELIEF WAS APPRENTLY BASED UPON STATEMENTS MADE BY HIS SUPERVISOR.

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B-163043, JAN. 31, 1968

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TIME FOR BENEFITS DECISION TO CERTIFYING OFFICER OF INTERNAL REVENUE SERVICE, CONCERNING REIMBURSING EMPLOYEE FOR COSTS OF SALE OF RESIDENCE INCIDENT TO TRANSFER FROM CUMBERLAND, MD. TO WASHINGTON, D.C. EMPLOYEE WHO CONTRACTED TO SELL HIS HOME IN MAY 1967, WHEN HE KNEW THAT CONSIDERATION WAS BEING GIVEN TO DISCONTINUANCE OF THE ONE-MAN OFFICE OF THE DIVISION TO WHICH HE WAS ASSIGNED, ALTHOUGH FORMAL DECISION WAS NOT MADE UNTIL JULY, MAY HAVE SUCH SALE REGARDED AS INCIDENT TO TRANSFER AND THE EMPLOYEE REIMBURSED FOR ALLOWABLE COSTS.

TO MISS MARY P. KOUTSOUROS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 18, 1967, YOUR REFERENCE AFF, BY WHICH YOU REQUEST OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT THE TRAVEL VOUCHER OF MR. MILTON KYHOS, AN EMPLOYEE OF THE INTERNAL REVENUE SERVICE, TREASURY DEPARTMENT, TO REIMBURSE HIM THE COSTS INVOLVED IN THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION IN CONNECTION WITH HIS TRANSFER FROM CUMBERLAND, MARYLAND TO WASHINGTON, D.C., WHICH WAS EFFECTIVE IN OCTOBER 1967.

ON THE BASIS OF THE INFORMATION WHICH HAS BEEN PRESENTED IT APPEARS THAT WHEN MR. KYHOS CONTRACTED TO SELL HIS RESIDENCE IN CUMBERLAND ON MAY 26, 1967, HE HAD NOT BEEN FORMALLY ADVISED THAT HE WOULD BE TRANSFERRED. HAD BEEN ADVISED SOMETIME PRIOR TO MAY 1967 THAT CONSIDERATION WAS BEING GIVEN TO THE DISCONTINUATION OF THE ONE-MAN CUMBERLAND OFFICE OF THE DIVISION TO WHICH HE WAS ASSIGNED. THE FINAL DECISION TO CLOSE THAT OFFICE WAS MADE IN JULY 1967, AND COMMUNICATED TO MR. KYHOS. THAT DECISION BECAME EFFECTIVE ON OR ABOUT OCTOBER 2, 1967, WHEN MR. KYHOS TRANSFERRED TO WASHINGTON, D.C.

MR. KYHOS SAYS THAT HE BELIEVED THAT A DECISION HAD BEEN MADE TO CLOSE THE CUMBERLAND OFFICE AT THE TIME HE SOLD HIS RESIDENCE. SUCH BELIEF WAS APPRENTLY BASED UPON STATEMENTS MADE BY HIS SUPERVISOR.

SECTION 4.1C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 REQUIRES THAT IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT OF THE COSTS INVOLVED IN THE SALE OF A RESIDENCE AT THE OLD DUTY STATION THE DWELLING SOLD MUST HAVE BEEN THE EMPLOYEE'S ACTUAL RESIDENCE AT THE TIME HE WAS FIRST DEFINITELY INFORMED THAT HE WAS TO BE TRANSFERRED.

SINCE MR. KYHOS SOLD HIS RESIDENCE IN CUMBERLAND ONLY BECAUSE HE BELIEVED THAT HIS TRANSFER FROM THAT PLACE HAD BEEN DEFINITELY DECIDED UPON AND SINCE HIS TRANSFER WAS OFFICIALLY ORDERED SHORTLY THEREAFTER WE WILL NOT OBJECT TO ADMINISTRATIVE ALLOWANCE OF THE OTHERWISE ALLOWABLE COSTS INVOLVED IN THAT SALE.

THE VOUCHER WHICH IS RETURNED HEREWITH TOGETHER WITH SUPPORTING PAPERS MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.

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