B-162802, NOV. 20, 1967

B-162802: Nov 20, 1967

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EMPLOYEE WHO DID NOT PURCHASE RESIDENCE HE WAS RENTING AT NEW DUTY STATION UNTIL SEVEN MONTHS AFTER TRANSFER MAY HAVE RESIDENCE PURCHASE MADE WITHIN ONE YEAR TIME LIMIT IN SECTION 4.1D OF BOB CIRCULAR A-56 REGARDED AS PROPER FOR ENTITLEMENT TO REIMBURSEMENT FOR COST NOTWITHSTANDING THAT HE RESIDED IN PERMANENT RENTAL QUARTERS PRIOR TO THE PURCHASE AS A RESIDENCE. SMITH'S TRANSFER WAS EFFECTIVE IN OCTOBER 1966. LATER HE DECIDED TO PURCHASE THE HOUSE HE WAS RENTING AND IN MAY 1967 THE SALE WAS CONSUMMATED. SINCE THE PURCHASE WAS WITHIN ONE YEAR OF THE DATE HE REPORTED FOR DUTY IN MIAMI AS PROVIDED IN SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.

B-162802, NOV. 20, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - HOME SALE/PURCHASE EXPENSES DECISION TO CERTIFYING OFFICER OF E.S.S.A. RE REIMBURSEMENT TO EMPLOYEE FOR COSTS IN PURCHASE OF RESIDENCE IN VICINITY OF NEW DUTY STATION. EMPLOYEE WHO DID NOT PURCHASE RESIDENCE HE WAS RENTING AT NEW DUTY STATION UNTIL SEVEN MONTHS AFTER TRANSFER MAY HAVE RESIDENCE PURCHASE MADE WITHIN ONE YEAR TIME LIMIT IN SECTION 4.1D OF BOB CIRCULAR A-56 REGARDED AS PROPER FOR ENTITLEMENT TO REIMBURSEMENT FOR COST NOTWITHSTANDING THAT HE RESIDED IN PERMANENT RENTAL QUARTERS PRIOR TO THE PURCHASE AS A RESIDENCE.

TO MR. R. P. HOGAN, CERTIFYING OFFICER

WE REFER TO YOUR LETTER OF OCTOBER 20, 1967, REFERENCE AD571X12, FORWARDING FOR OUR ADVANCE DECISION THE SUPPLEMENTAL TRAVEL VOUCHER OF MR. ROSS H. SMITH, AN EMPLOYEE OF THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, TO REIMBURSE HIM FOR CERTAIN COSTS INVOLVED IN THE PURCHASE OF A RESIDENCE IN THE VICINITY OF HIS NEW DUTY STATION, MIAMI, FLORIDA.

MR. SMITH'S TRANSFER WAS EFFECTIVE IN OCTOBER 1966. UPON ARRIVAL IN MIAMI HE RENTED A HOUSE AS PERMANENT QUARTERS PENDING HIS FINAL DECISION AS TO WHERE HE WANTED TO LIVE IN THE MIAMI AREA. LATER HE DECIDED TO PURCHASE THE HOUSE HE WAS RENTING AND IN MAY 1967 THE SALE WAS CONSUMMATED. SINCE THE PURCHASE WAS WITHIN ONE YEAR OF THE DATE HE REPORTED FOR DUTY IN MIAMI AS PROVIDED IN SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, MR. SMITH SUBMITTED A SUPPLEMENTAL TRAVEL VOUCHER FOR REIMBURSEMENT OF THE COST INVOLVED AS AUTHORIZED IN SECTION 4.2 OF CIRCULAR NO. A-56.

WE CONSIDER THE ONE YEAR TIME LIMIT ON THE PURCHASE AND SALE OF RESIDENCES AS IMPOSED BY SECTION 4.1D OF CIRCULAR NO. A-56, TO BE CONTROLLING REGARDLESS OF THE FACT THAT THE EMPLOYEE MAY RESIDE IN PERMANENT TYPE RENTAL QUARTERS PRIOR TO THE PURCHASE OF A RESIDENCE AT THE NEW DUTY STATION.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.