B-178610, JUN 21, 1973

B-178610: Jun 21, 1973

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CLARK: REFERENCE IS MADE TO YOUR LETTER OF MAY 4. THE RECORD INDICATES THAT THERE WAS UNCERTAINTY AS TO THE LOCATION OF MR. THE EXPENSES INCIDENT TO THE REAL ESTATE TRANSACTIONS AND THE TRANSPORTATION OF THE HOUSEHOLD GOODS WERE. THE CIRCULAR CONTAINS STATUTORY REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW. A-56 PROVIDES THAT AN EMPLOYEE WITH AN IMMEDIATE FAMILY WHO IS ELIGIBLE FOR A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAID $200 WITHOUT SUPPORT OR OTHER DOCUMENTATION OF EXPENSES. SINCE IT MAY REASONABLY BE CONCLUDED THAT SOME MISCELLANEOUS EXPENSES WERE INCURRED INCIDENT TO THE CHANGE OF STATION. THE VOUCHER RETURNED HEREWITH IS FOR HANDLING IN ACCORDANCE WITH THE ABOVE.

B-178610, JUN 21, 1973

PROPRIETY OF PAYMENT OF ITEMS REPRESENTING REAL ESTATE, TRANSPORTATION, AND MISCELLANEOUS EXPENSES INCURRED BY MR. J.B. ARCHER, AN EMPLOYEE, INCIDENT TO HIS TRANSFER FROM CHAMBERSBURG, PENNSYLVANIA, TO PHILADELPHIA.

TO MR. FRED G. CLARK:

REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1973, REQUESTING OUR DECISION AS TO WHETHER VARIOUS ITEMS ON A VOUCHER IN FAVOR OF MR. J. B. ARCHER, AN EMPLOYEE OF YOUR DEPARTMENT, MAY BE CERTIFIED FOR PAYMENT. THE ITEMS REPRESENT REAL ESTATE, TRANSPORTATION, AND MISCELLANEOUS EXPENSES INCURRED BY MR. ARCHER INCIDENT TO HIS TRANSFER FROM CHAMBERSBURG, PENNSYLVANIA, TO PHILADELPHIA, PENNSYLVANIA, EFFECTIVE SEPTEMBER 22, 1968.

THE RECORD INDICATES THAT THERE WAS UNCERTAINTY AS TO THE LOCATION OF MR. ARCHER'S WORK SITE IN PHILADELPHIA AND THAT HE DESIRED TO ESTABLISH A PERMANENT RESIDENCE WITHIN A REASONABLE COMMUTING DISTANCE OF HIS OFFICE. SINCE THE RELOCATION OF HIS OFFICE MIGHT REQUIRE HIM TO SPEND SUBSTANTIAL ADDITIONAL DAILY COMMUTING TIME AND POSSIBLY CAUSE HIM TO RELOCATE HIS RESIDENCE, MR. ARCHER DEEMED IT UNWISE TO SELL HIS OLD HOUSE, PURCHASE A NEW ONE, AND MOVE HIS HOUSEHOLD GOODS TO THE PHILADELPHIA AREA UNTIL 1972 AND 1973.

INASMUCH AS MR. ARCHER HAD TRANSFERRED IN 1968, THE EXPENSES INCIDENT TO THE REAL ESTATE TRANSACTIONS AND THE TRANSPORTATION OF THE HOUSEHOLD GOODS WERE, THEREFORE, INCURRED AFTER THE EXPIRATION OF THE APPLICABLE TIME LIMITATIONS IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 (1 YEAR PLUS A 1-YEAR EXTENSION FOR REAL ESTATE TRANSACTIONS AND 2 YEARS FOR THE TRANSPORTATION OF HOUSEHOLD GOODS). THE CIRCULAR CONTAINS STATUTORY REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW. ACCORDINGLY, THE TIME LIMITATIONS SET FORTH THEREIN MAY NOT BE WAIVED, MODIFIED, OR EXTENDED BY THIS OFFICE REGARDLESS OF EXTENUATING CIRCUMSTANCES. 49 COMP. GEN. 145 (1969). THEREFORE, THE REAL ESTATE AND TRANSPORTATION EXPENSES MAY NOT BE CERTIFIED FOR PAYMENT.

MR. ARCHER ALSO CLAIMS AN ALLOWANCE FOR MISCELLANEOUS EXPENSES. SECTION 3.3A(2) OF CIRCULAR NO. A-56 PROVIDES THAT AN EMPLOYEE WITH AN IMMEDIATE FAMILY WHO IS ELIGIBLE FOR A MISCELLANEOUS EXPENSE ALLOWANCE WILL BE PAID $200 WITHOUT SUPPORT OR OTHER DOCUMENTATION OF EXPENSES. SINCE IT MAY REASONABLY BE CONCLUDED THAT SOME MISCELLANEOUS EXPENSES WERE INCURRED INCIDENT TO THE CHANGE OF STATION, SUCH ITEMS MAY BE ALLOWED IN THE AMOUNT OF $200.

THE VOUCHER RETURNED HEREWITH IS FOR HANDLING IN ACCORDANCE WITH THE ABOVE.