B-172151, MAY 18, 1971
Highlights
O'CONNELL: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28. WAS CHANGED FROM ALBANY. TELEPHONE CALLS TO YOUR ATTORNEY AND TO YOUR APPRAISER ($23.01) AND MILEAGE FOR TRAVEL TO YOUR ATTORNEY'S OFFICE ($5.64) WAS DENIED. A-56 PROVIDES IN PERTINENT PART THAT INCIDENTAL CHARGES MADE FOR REQUIRED SERVICES IN SELLING RESIDENCES MAY BE REIMBURSABLE IF THEY ARE CUSTOMARILY PAID BY THE SELLER OF A RESIDENCE AT THE OLD OFFICIAL STATION. CHARGES MADE FOR EXTERMINATING TERMITES ARE COSTS OF HOUSE MAINTENANCE AND ARE NOT REIMBURSABLE. THE FACT THAT YOU WERE REQUIRED TO HAVE THIS MAINTENANCE WORK DONE SO THAT THE HOUSE WOULD BE ACCEPTABLE UPON SALE. THERE IS NO PROVISION FOR REIMBURSEMENT FOR TRAVEL EXPENSES OR FOR THE COST OF TELEPHONE CALLS MADE IN CONNECTION WITH THE SALE OF A RESIDENCE.
B-172151, MAY 18, 1971
CIVILIAN EMPLOYEE - CHANGE OF STATION - SALE OF RESIDENCE SUSTAINING PRIOR DECISION DENYING CLAIM OF EMPLOYEE OF DEPARTMENT OF AGRICULTURE FOR INCIDENTAL EXPENSES INCURRED UPON TRANSFER FROM ALBANY, CALIF., TO BELTSVILLE, MD. SECTION 4.2G OF OMB CIRCULAR NO. A-56, ALLOWING REIMBURSEMENT OF SOME INCIDENTAL CHARGES MADE IN CONNECTION WITH SELLING A RESIDENCE DOES NOT ALLOW PAYMENT FOR CHARGES FOR EXTERMINATION OF TERMITES, TELEPHONE CALLS TO AN APPRAISER AND MILEAGE FOR TRAVEL TO ATTORNEY'S OFFICE.
TO MR. DANIEL E. O'CONNELL:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 28, 1971, APPEALING FROM OUR CLAIMS DIVISION SETTLEMENT OF DECEMBER 29, 1970, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES TOTALING $420.65 INCURRED IN CONNECTION WITH THE SALE OF YOUR RESIDENCE IN JANUARY 1970.
YOUR OFFICIAL DUTY STATION AS AN EMPLOYEE OF THE AGRICULTURAL RESEARCH SERVICE, DEPARTMENT OF AGRICULTURE, WAS CHANGED FROM ALBANY, CALIFORNIA, TO BELTSVILLE, MARYLAND, AND UNDER TRAVEL AUTHORIZATION NO. 20-38, JANUARY 2, 1969, YOU CLAIMED A TOTAL OF $1,136.35 AS EXPENSES OF SALE OF YOUR RESIDENCE AT RICHMOND, CALIFORNIA. HOWEVER, REIMBURSEMENT FOR THE COST OF TERMITE EXTERMINATION ($392.00), TELEPHONE CALLS TO YOUR ATTORNEY AND TO YOUR APPRAISER ($23.01) AND MILEAGE FOR TRAVEL TO YOUR ATTORNEY'S OFFICE ($5.64) WAS DENIED.
SECTION 4.2G OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 PROVIDES IN PERTINENT PART THAT INCIDENTAL CHARGES MADE FOR REQUIRED SERVICES IN SELLING RESIDENCES MAY BE REIMBURSABLE IF THEY ARE CUSTOMARILY PAID BY THE SELLER OF A RESIDENCE AT THE OLD OFFICIAL STATION. WHILE REIMBURSEMENT MAY BE AUTHORIZED FOR THE COST OF A TERMITE INSPECTION, CHARGES MADE FOR EXTERMINATING TERMITES ARE COSTS OF HOUSE MAINTENANCE AND ARE NOT REIMBURSABLE. THE FACT THAT YOU WERE REQUIRED TO HAVE THIS MAINTENANCE WORK DONE SO THAT THE HOUSE WOULD BE ACCEPTABLE UPON SALE, DOES NOT CHANGE ITS NATURE. SEE DECISION B 163801, MAY 1, 1968, COPY ATTACHED.
SECTION 4.2A OF CIRCULAR NO. A-56 PERMITS REIMBURSEMENT OF A BROKER'S FEE OR REAL ESTATE COMMISSION PAID BY THE EMPLOYEE FOR SERVICES IN SELLING HIS RESIDENCE. HOWEVER, THERE IS NO PROVISION FOR REIMBURSEMENT FOR TRAVEL EXPENSES OR FOR THE COST OF TELEPHONE CALLS MADE IN CONNECTION WITH THE SALE OF A RESIDENCE, IN LIEU OF A BROKER'S FEE OR REAL ESTATE COMMISSION. SEE DECISION B-163709, APRIL 19, 1968, COPY ATTACHED.
AS THERE IS NO AUTHORITY FOR REIMBURSEMENT OF COSTS TOTALING $420.65, THE DISALLOWANCE OF DECEMBER 29, 1970, IS SUSTAINED.