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[Appeal of Settlement Denying Claim for Temporary Quarters Subsistence Expenses]

B-222136 Sep 19, 1986
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Highlights

A Federal Bureau of Investigation employee appealed a Claims Group settlement denying him temporary quarters subsistence expenses for a period during which he occupied a condominium he had purchased. The employee maintained that: (1) he intended to occupy the condominium only on a temporary basis pending the sale of his old residence and the purchase of his new residence; (2) the one-bedroom condominium would not have accommodated his large family; and (3) he did not move his household goods into the condominium. GAO held that the determination of whether quarters were temporary or permanent must be based on the intent of the employee at the time he moved into the quarters, and factors such as the duration of the employee's occupancy, movement of household goods into the quarters, and efforts to secure a permanent residence. GAO concluded that, since the employee's occupancy of the condominium was temporary in nature, he should be reimbursed for temporary quarters subsistence expenses. Accordingly, the claim was allowed.

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