B-164958, AUG. 26, 1968

B-164958: Aug 26, 1968

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WHICH WAS EFFECTIVE ON FEBRUARY 12. YOU HAVE QUESTIONED THE REIMBURSEMENT INVOLVED BECAUSE THE RESIDENCE MR. FRYE SOLD WAS LOCATED APPROXIMATELY 256 MILES FROM CHATTANOOGA HIS OLD OFFICIAL STATION. HE SAYS THAT HE WOULD NOT HAVE SOLD THE JACKSON RESIDENCE IF HE HAD REALIZED THAT HE WOULD NOT QUALIFY FOR REIMBURSEMENT OF EXPENSES INVOLVED UNDER SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. WE HAVE HELD THAT SECTION 4 OF CIRCULAR NO. DO NOT PERMIT REIMBURSEMENT OF OTHERWISE ALLOWABLE COSTS INVOLVED IN THE SALE OF A RESIDENCE IF THE RESIDENCE IS NOT LOCATED AT THE EMPLOYEE'S OLD OFFICIAL STATION OR AT A PLACE TO WHICH HE COMMUTES ON A DAILY BASIS. THE ENCLOSURES WITH YOUR LETTER ARE RETURNED.

B-164958, AUG. 26, 1968

TO MR. BAXTER REED:

WE REFER TO YOUR LETTER OF JULY 29, 1968, YOUR REFERENCE 6530 6540, CONCERNING THE NECESSITY OF COLLECTING THE AMOUNT WHICH HAS BEEN PAID TO MR. STANLEY C. FRYE, JR., AN EMPLOYEE OF THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, TO REIMBURSE HIM FOR CERTAIN EXPENSES HE INCURRED IN THE SALE OF HIS RESIDENCE IN JACKSON, TENNESSEE, INCIDENT TO HIS TRANSFER FROM CHATTANOOGA, TENNESSEE, TO COLUMBIA, SOUTH CAROLINA, WHICH WAS EFFECTIVE ON FEBRUARY 12, 1967.

YOU HAVE QUESTIONED THE REIMBURSEMENT INVOLVED BECAUSE THE RESIDENCE MR. FRYE SOLD WAS LOCATED APPROXIMATELY 256 MILES FROM CHATTANOOGA HIS OLD OFFICIAL STATION. DURING THE PERIOD MAY 1966 TO FEBRUARY 1967 MR. FRYE'S FAMILY REMAINED IN JACKSON AND HE COMMUTED TO THAT PLACE ON WEEKENDS. FACT AFTER HIS TRANSFER TO COLUMBIA, THE FAMILY CONTINUED TO RESIDE IN JACKSON UNTIL JUNE 30, 1967, WHEN MR. FRYE MOVED HIS FAMILY FROM JACKSON TO COLUMBIA. THEREAFTER, ON AUGUST 18 MR. FRYE SOLD HIS RESIDENCE IN JACKSON. HE SAYS THAT HE WOULD NOT HAVE SOLD THE JACKSON RESIDENCE IF HE HAD REALIZED THAT HE WOULD NOT QUALIFY FOR REIMBURSEMENT OF EXPENSES INVOLVED UNDER SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

WE HAVE HELD THAT SECTION 4 OF CIRCULAR NO. A-56 AND 5 U.S.C. 5724A (A) (4), DO NOT PERMIT REIMBURSEMENT OF OTHERWISE ALLOWABLE COSTS INVOLVED IN THE SALE OF A RESIDENCE IF THE RESIDENCE IS NOT LOCATED AT THE EMPLOYEE'S OLD OFFICIAL STATION OR AT A PLACE TO WHICH HE COMMUTES ON A DAILY BASIS. IN ADDITION TO B-160898, MARCH 10, 1967, 46 COMP. GEN. 703, WHICH YOU CITE, SEE 47 COMP. GEN. 109.

THEREFORE, ON THE BASIS OF THE FACTS PRESENTED, MR. FRYE DID NOT QUALIFY FOR REIMBURSEMENT OF THE EXPENSES HE INCURRED IN CONNECTION WITH THE SALE OF HIS RESIDENCE IN JACKSON AND THE AMOUNT INVOLVED SHOULD BE COLLECTED FROM HIM. THE ENCLOSURES WITH YOUR LETTER ARE RETURNED.