B-174945, APR 13, 1972

B-174945: Apr 13, 1972

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A-56 PROHIBITS REIMBURSEMENT OF THE EXPENSES OF OCCUPYING TEMPORARY QUARTERS FOR ANY PERIOD AFTER THE TIME AN EMPLOYEE OCCUPIED A DWELLING WHICH IS INTENDED TO BECOME A PERMANENT RESIDENCE. ADVISED ME THAT HE WOULD HAVE TROUBLE GETTING ME OUT OF THE HOUSE IF THE DEAL DID NOT GO THROUGH. THE DEAL WAS FINALLY CLOSED ON AUGUST 17. I WAS IN THE HOUSE ON A TEMPORARY BASIS FROM JUNE 12. "THE HOUSE THAT I EVENTUALLY BOUGHT WAS USED BY ME AND MY FAMILY AS 'TEMPORARY QUARTERS' UNTIL IT BECAME OUR 'PERMANENT QUARTERS'. HE WAS ALLOWED AN AMOUNT OF $50.90. THE REMAINDER WAS DISALLOWED ON THE AUTHORITY OF PROVISIONS OF AGENCY REGULATIONS AND OUR DECISION B-160904. THAT DECISION AND OTHERS OF THIS OFFICE HAVE CONSISTENTLY CONSTRUED SUBSECTION 2.5B(3) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO.

B-174945, APR 13, 1972

CIVILIAN EMPLOYEE - CHANGE OF OFFICIAL STATION - TEMPORARY QUARTERS SUBSISTENCE EXPENSES - REIMBURSEMENT DECISION DISALLOWING THE CLAIM OF JAMES A. DUFF FOR REIMBURSEMENT OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES INCIDENT TO HIS CHANGE OF OFFICIAL STATION FROM CHEYENNE, WYOMING, TO KANSAS CITY, KANSAS. SUBSECTION 2.5B(3) OF OMB CIRCULAR NO. A-56 PROHIBITS REIMBURSEMENT OF THE EXPENSES OF OCCUPYING TEMPORARY QUARTERS FOR ANY PERIOD AFTER THE TIME AN EMPLOYEE OCCUPIED A DWELLING WHICH IS INTENDED TO BECOME A PERMANENT RESIDENCE. B-174514, DECEMBER 10, 1971. ACCORDINGLY, THE SUBJECT CLAIM MUST BE DENIED. HOWEVER, MR. DUFF MAY WISH TO SUBMIT A SUPPLEMENTAL CLAIM FOR REIMBURSEMENT FOR 30 DAYS TEMPORARY QUARTERS OCCUPIED PRIOR TO THE ARRIVAL OF HIS DEPENDENTS AT KANSAS CITY.

TO MISS EVELYN C. HENDRIX:

THIS REFERS TO YOUR LETTER OF JANUARY 10, 1972, REQUESTING A DECISION AS TO CERTIFICATION OF A VOUCHER PRESENTED BY MR. JAMES A. DUFF FOR REIMBURSEMENT OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES INCIDENT TO HIS CHANGE OF OFFICIAL STATION FROM CHEYENNE, WYOMING, TO KANSAS CITY, KANSAS.

THE VOUCHER CLAIMS AN AMOUNT OF $773.51 FOR EXPENSES INCURRED DURING THE PERIOD JUNE 9, 1971, THROUGH JULY 9, 1971. IN A MEMORANDUM DATED NOVEMBER 29, 1971, ACCOMPANYING HIS VOUCHER, MR. DUFF EXPLAINS THE CIRCUMSTANCES OF HIS OCCUPANCY OF TEMPORARY QUARTERS AS FOLLOWS:

"ON APRIL 23, 1971, I REPORTED TO MY NEW DUTY STATION AT KANSAS CITY KANSAS, AND ASSUMED MY DUTIES. I LEFT MY FAMILY IN CHEYENNE WYOMING, AND SPENT MY SPARE TIME LOOKING FOR A HOUSE TO PURCHASE.

"PRIOR TO JUNE 5, 1971, I LOCATED A HOUSE I WANTED TO BUY, SIGNED A CONTRACT, AND PAID THE REAL ESTATE BROKER $500.00 AS 'GOOD FAITH' MONEY. I THEN CONTACTED THE OWNER OF THE HOUSE, A LOCAL ATTORNEY, AND ASKED IF I COULD RENT THE HOUSE. HE AT FIRST SAID 'NO', AND ADVISED ME THAT HE WOULD HAVE TROUBLE GETTING ME OUT OF THE HOUSE IF THE DEAL DID NOT GO THROUGH. I PLEADED WITH HIM, USING THE ARGUMENT THAT I WOULD MOVE AT ANY TIME HE DESIRED, PRIOR TO ANY CLOSING, AND THAT I WOULD PAY THE UTILITIES, AND GUARANTEE HIM 31 DAYS RENT AT $13.00 (PER DAY).

"DURING THE FIRST PART OF AUGUST, IT APPEARED THAT THE HOUSE DEAL WOULD NOT GO THROUGH, DUE TO SOME PROBLEM WITH THE LENDING AGENCY, AND WE STARTED LOOKING FOR ANOTHER HOUSE. THE REALTOR CHANGED LENDING AGENCIES, AND THE DEAL WAS FINALLY CLOSED ON AUGUST 17, 1971. I WAS IN THE HOUSE ON A TEMPORARY BASIS FROM JUNE 12, 1971 TO AUGUST 17, 1971.

"THE HOUSE THAT I EVENTUALLY BOUGHT WAS USED BY ME AND MY FAMILY AS 'TEMPORARY QUARTERS' UNTIL IT BECAME OUR 'PERMANENT QUARTERS'. 'THE AUTHORIZATION FOR MOVING EXPENSES' SET FORTH AN ALLOWANCE FOR 'TEMPORARY QUARTERS', AND I HEREBY MAKE CLAIM FOR PAYMENT AS SET FORTH IN THE ATTACHED VOUCHER."

IN PAYMENT OF HIS ORIGINAL VOUCHER ON WHICH MR. DUFF CLAIMED THE SAME EXPENSE NOW IN QUESTION, HE WAS ALLOWED AN AMOUNT OF $50.90. THE REMAINDER WAS DISALLOWED ON THE AUTHORITY OF PROVISIONS OF AGENCY REGULATIONS AND OUR DECISION B-160904, MARCH 7, 1967. THAT DECISION AND OTHERS OF THIS OFFICE HAVE CONSISTENTLY CONSTRUED SUBSECTION 2.5B(3) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 AS DENYING REIMBURSEMENT OF THE EXPENSES OF OCCUPYING TEMPORARY QUARTERS FOR ANY PERIOD AFTER THE TIME AN EMPLOYEE OCCUPIED A DWELLING WHICH IS INTENDED TO BECOME A PERMANENT RESIDENCE. SEE 46 COMP. GEN. 709 (1967); B 169923, AUGUST 14, 1970; B-169962, JULY 2, 1970; AND B-174514, DECEMBER 10, 1971, COPIES ENCLOSED. THEREFORE, MR. DUFF IS NOT ENTITLED TO REIMBURSEMENT UNDER PROVISIONS OF SUBSECTION 2.5 OF CIRCULAR NO. A-56 FOR ANY TIME AFTER BEGINNING OCCUPANCY OF THE PERMANENT RESIDENCE ON JUNE 12, 1971. THE VOUCHER IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.

AS STATED IN MR. DUFF'S MEMORANDUM AND THE VOUCHER CORRECTION NOTICE, MR. DUFF REPORTED TO HIS NEW DUTY STATION ON APRIL 23, 1971, AND MAY BE ENTITLED TO REIMBURSEMENT FOR 30 DAYS TEMPORARY QUARTERS OCCUPIED PRIOR TO THE ARRIVAL OF HIS DEPENDENTS AT KANSAS CITY. ACCORDINGLY, HE MAY WISH TO SUBMIT FOR YOUR CONSIDERATION A SUPPLEMENTAL CLAIM FOR ALLOWABLE EXPENSES INCURRED DURING THAT PERIOD.