B-166709, MAY 21, 1969

B-166709: May 21, 1969

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CROCKETT ARE ATTRIBUTABLE TO THE ENTIRE PROPERTY AS DESCRIBED ABOVE AND NOT JUST THE DWELLING. THE EVIDENCE OF RECORD DOES NOT SHOW THAT THE EMPLOYEE IS UTILIZING OR INTENDS TO UTILIZE ANY PORTION OF HIS PROPERTY FOR COMMERCIAL PURPOSES. WHICH IS RETURNED HEREWITH. SHOULD YOU DETERMINE THAT THE EMPLOYEE IS.

B-166709, MAY 21, 1969

TO MR. JOHN L. SMITH:

WE REFER TO YOUR LETTERS OF APRIL 11 AND 22, 1969, WITH ENCLOSURES, REFERENCE AD 571X12, REQUESTING OUR DECISION WHETHER A VOUCHER FOR $527.40 IN FAVOR OF MR. CURTIS W. CROCKETT MAY PROPERLY BE CERTIFIED FOR PAYMENT. THE VOUCHER COVERS CERTAIN REAL ESTATE EXPENSES INCURRED BY MR. CROCKETT IN CONNECTION WITH THE PURCHASE OF A RESIDENCE AT HIS NEW OFFICIAL STATION INCIDENT TO HIS TRANSFER FROM SUITLAND, MARYLAND, TO BLACKSBURG, VIRGINIA, EFFECTIVE AUGUST 14, 1968.

YOUR DOUBT IN THE MATTER STEMS FROM THE FACT THAT THE REAL PROPERTY PURCHASED BY MR. CROCKETT CONSISTS NOT ONLY OF A DWELLING AND GARAGE BUT INCLUDES A BARN, OTHER OUTBUILDINGS, AND 18 ACRES OF LAND. THE REAL ESTATE EXPENSES CLAIMED BY MR. CROCKETT ARE ATTRIBUTABLE TO THE ENTIRE PROPERTY AS DESCRIBED ABOVE AND NOT JUST THE DWELLING.

THE EVIDENCE OF RECORD DOES NOT SHOW THAT THE EMPLOYEE IS UTILIZING OR INTENDS TO UTILIZE ANY PORTION OF HIS PROPERTY FOR COMMERCIAL PURPOSES. IN THE ABSENCE OF SUCH EVIDENCE THERE EXISTS NO BASIS FOR REGARDING THE TRANSACTION IN QUESTION AS OTHER THAN A PURCHASE OF RESIDENTIAL PROPERTY. COMPARE OUR DECISION B-163187, FEBRUARY 19, 1968, WHICH INVOLVED A SALE OF INCOME-PRODUCING FARMLAND IN ADDITION TO A RESIDENCE.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT ON THE BASIS INDICATED ABOVE. HOWEVER, SHOULD YOU DETERMINE THAT THE EMPLOYEE IS, IN FACT, UTILIZING A PORTION OF HIS LAND FOR COMMERCIAL PURPOSES, THE MATTER SHOULD BE RESUBMITTED HERE FOR FURTHER CONSIDERATION.