B-174505, DEC 21, 1971

B-174505: Dec 21, 1971

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WHICH TRANSFER WAS LATER CANCELLED. HOGAN: THIS WILL REFER TO YOUR LETTER OF NOVEMBER 8. SPAETH) WAS ADVISED BY THE PERSONNEL OFFICER OF THIS ORGANIZATION BY LETTER DATED JULY 8. THAT HIS BRANCH WAS BEING MOVED TO HONOLULU AND THAT HE WAS TO BE OFFICIALLY TRANSFERRED TO HONOLULU ON OR ABOUT SEPTEMBER 1. WHICH SERVICE WAS PERFORMED. HE WAS ADVISED THAT THE TRANSFER OF FUNCTIONS WAS RESCINDED. THAT HE WAS NOT TO BE TRANSFERRED. WE NOTE THAT AN APPRAISAL FEE IS AN EXPENSE PROPERLY REIMBURSABLE UNDER SUBSECTION 4.2(B) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. WHICH IS RETURNED HEREWITH.

B-174505, DEC 21, 1971

CIVILIAN EMPLOYEE - SALE OF RESIDENCE - APPRAISAL FEE - CANCELLED TRANSFER DECISION AUTHORIZING CERTIFICATION FOR PAYMENT OF A VOUCHER SUBMITTED BY MARK G. SPAETH IN THE AMOUNT OF $35, REPRESENTING THE FEE FOR APPRAISAL OF A RESIDENCE FOR SALE IN PREPARATION FOR A TRANSFER OF OFFICIAL STATION, WHICH TRANSFER WAS LATER CANCELLED. UNDER THESE CIRCUMSTANCES, GAO SEES NO REASON WHY THE REAL ESTATE EXPENSE INCURRED BY THE EMPLOYEE PRIOR TO CANCELLATION OF HIS TRANSFER MAY NOT BE REIMBURSED UNDER SECTION 4.2(B) OF OMB CIR. NO. A-56, IF OTHERWISE PROPER.

TO MR. R. P. HOGAN:

THIS WILL REFER TO YOUR LETTER OF NOVEMBER 8, 1971, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER PRESENTED BY MR. MARK G. SPAETH IN THE AMOUNT OF $35, REPRESENTING THE FEE FOR APPRAISAL OF A RESIDENCE FOR SALE IN PREPARATION FOR A TRANSFER OF OFFICIAL STATION. YOUR DOUBT AS TO THE PROPRIETY OF CERTIFICATION ARISES FROM THE FOLLOWING FACTS AS STATED IN YOUR LETTER:

"HE (MR. SPAETH) WAS ADVISED BY THE PERSONNEL OFFICER OF THIS ORGANIZATION BY LETTER DATED JULY 8, 1971, THAT HIS BRANCH WAS BEING MOVED TO HONOLULU AND THAT HE WAS TO BE OFFICIALLY TRANSFERRED TO HONOLULU ON OR ABOUT SEPTEMBER 1, 1971. MR. SPAETH SIGNED A TRANSPORTATION AGREEMENT ON JULY 11, 1971, ACCEPTING THE TRANSFER, INCLUDING THE TERMS OF THE 12-MONTH EMPLOYMENT AGREEMENT.

"MR. SPAETH PAID $35.00 ON JULY 11, 1971, TO THE UNIVERSAL HOME MORTGAGE CO. FOR THE PURPOSE OF OBTAINING AN APPRAISAL OF HIS RESIDENCE, WHICH SERVICE WAS PERFORMED. HE EXPECTED TO BE REIMBURSED FOR THIS EXPENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4.2(B) OF CIRCULAR A-56 OF THE OFFICE OF MANAGEMENT AND BUDGET. HOWEVER, PRIOR TO SEPTEMBER 1, 1971, HE WAS ADVISED THAT THE TRANSFER OF FUNCTIONS WAS RESCINDED, THAT HE WAS NOT TO BE TRANSFERRED, AND HE CANCELLED ALL PLANS TO SELL HIS RESIDENCE."

UNDER THE CIRCUMSTANCES RELATED ABOVE WE SEE NO REASON WHY THE REAL ESTATE EXPENSE THAT THE EMPLOYEE INCURRED PRIOR TO CANCELLATION OF HIS TRANSFER MAY NOT BE REIMBURSED, IF OTHERWISE ALLOWABLE UNDER THE APPLICABLE REGULATIONS.

WE NOTE THAT AN APPRAISAL FEE IS AN EXPENSE PROPERLY REIMBURSABLE UNDER SUBSECTION 4.2(B) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, CITED IN YOUR LETTER. ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.