B-164748, JUL. 29, 1968

B-164748: Jul 29, 1968

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MARX: THIS IS IN REPLY TO YOUR LETTER OF JUNE 20. THE RECORD INDICATES HIS HOUSE WAS CONTINUOUSLY UP FOR SALE FROM JANUARY 5. DUE TO THE SLOW REAL ESTATE MARKET IN THE LACONIA AREA THE HOUSE WAS NOT SOLD UNTIL MAY 28. YOU SUBMITTED THE VOUCHER FOR OUR DECISION SINCE THE SALE AND SETTLEMENT WERE MORE THAN 1 YEAR AFTER THE EFFECTIVE DATE OF TRANSFER. ESTABLISHING THE CONDITIONS AND REQUIREMENTS UNDER WHICH REAL ESTATE EXPENSES WILL BE REIMBURSED. THE SETTLEMENT DATES FOR THE SALE AND PURCHASE OR LEASE TERMINATION TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION. EXCEPT THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION.'.

B-164748, JUL. 29, 1968

TO MR. MATT N. MARX:

THIS IS IN REPLY TO YOUR LETTER OF JUNE 20, 1968, REFERENCE 6540-5, REQUESTING OUR DECISION AS TO WHETHER A VOUCHER FOR $2,197 IN FAVOR OF STANLEY O. BEAN, JR., AN EMPLOYEE OF YOUR AGENCY, FOR EXPENSES INCURRED IN SELLING HIS HOUSE IN LACONIA, NEW HAMPSHIRE, INCIDENT TO HIS TRANSFER TO MILWAUKEE, WISCONSIN, MAY BE CERTIFIED FOR PAYMENT.

THE EMPLOYEE REPORTED FOR DUTY IN MILWAUKEE ON JANUARY 17, 1967. THE RECORD INDICATES HIS HOUSE WAS CONTINUOUSLY UP FOR SALE FROM JANUARY 5, 1967, AT A REASONABLE PRICE. HOWEVER, DUE TO THE SLOW REAL ESTATE MARKET IN THE LACONIA AREA THE HOUSE WAS NOT SOLD UNTIL MAY 28, 1968, AND THEN ONLY AT A REDUCED PRICE. YOU SUBMITTED THE VOUCHER FOR OUR DECISION SINCE THE SALE AND SETTLEMENT WERE MORE THAN 1 YEAR AFTER THE EFFECTIVE DATE OF TRANSFER. SECTION 4.1, BUREAU OF THE BUDGET CIRCULAR NO. A-56, ESTABLISHING THE CONDITIONS AND REQUIREMENTS UNDER WHICH REAL ESTATE EXPENSES WILL BE REIMBURSED, PROVIDES IN PERTINENT PART AS FOLLOWS:

"D. THE SETTLEMENT DATES FOR THE SALE AND PURCHASE OR LEASE TERMINATION TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION, EXCEPT THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION.'

THE ABOVE-QUOTED REGULATION WAS ISSUED PURSUANT TO PUBLIC LAW 89 516, 80 STAT. 323, APPROVED JULY 21, 1966, AND CONSEQUENTLY IS STATUTORY IN NATURE. OUR OFFICE CANNOT WAIVE THE LIMITATION PERIOD, NOR EXTEND IT. THE REGULATION PRESCRIBES ONLY ONE EXCEPTION WHEREBY THE DESIGNATED 1-YEAR PERIOD CAN BE EXTENDED. NOTWITHSTANDING THE SETTLEMENT WAS DELAYED FOR REASONS BEYOND THE CONTROL OF THE EMPLOYEE, IT WAS NOT DELAYED BECAUSE OF LITIGATION.

IN VIEW OF THE ABOVE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT. SEE B-163700, MAY 6, 1968, COPY ENCLOSED.