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B-166126, APR. 20, 1970

B-166126 Apr 20, 1970
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WHERE SALE OF RESIDENCE WAS DELAYED DUE TO POOR REAL ESTATE MARKET CONDITIONS. SETTLEMENT IS SUSTAINED SINCE SALE DID NOT OCCUR WITHIN ONE-YEAR PERIOD PRESCRIBED IN BUR. IS NOT SUBJECT TO WAIVER. WAS NOT RETROACTIVE AND. IS NOT HERE APPLICABLE. A-56 WAS AMENDED ON JUNE 26. THE CHANGE THAT WAS MADE IN BUREAU OF THE BUDGET CIRCULAR NO. WAS NOT RETROACTIVE AND HAS NO APPLICATION TO YOUR CASE. WAS ISSUED PURSUANT THERETO AND SUCH REGULATIONS ARE STATUTORY IN NATURE.

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B-166126, APR. 20, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--SETTLEMENT DATE" LIMITATION ON PROPERTY TRANSACTIONS--EXTENSION ON SECOND REVIEW OF SETTLEMENT DISALLOWING REIMBURSEMENT OF REAL ESTATE EXPENSES TO EMPLOYEE TRANSFERRED IN 1966, WHERE SALE OF RESIDENCE WAS DELAYED DUE TO POOR REAL ESTATE MARKET CONDITIONS, SETTLEMENT IS SUSTAINED SINCE SALE DID NOT OCCUR WITHIN ONE-YEAR PERIOD PRESCRIBED IN BUR. BUDGET CIR. NO. A-56, AS REVISED OCT. 12, 1966, AND SAID REGULATION, BEING STATUTORY IN NATURE, IS NOT SUBJECT TO WAIVER. MOREOVER, CHANGE IN SAME REGULATION MADE ON JUNE 26, 1969, PERMITTING EXTENSION FOR REASONS OTHER THAN LITIGATION, WAS NOT RETROACTIVE AND, CONSEQUENTLY, IS NOT HERE APPLICABLE. SEE COMP. GEN. DECS. CITED.

TO MR. ROBERT S. BAUM:

YOUR REQUEST OF DECEMBER 23, 1969, TO WHICH YOU ATTACHED A RECLAIM VOUCHER FOR $1,353.16 REPRESENTING REIMBURSEMENT OF EXPENSES INCURRED IN THE SELLING OF YOUR RESIDENCE INCIDENT TO A PERMANENT CHANGE OF STATION IN 1966, HAS BEEN FORWARDED TO US BY THE DEPARTMENT OF STATE FOR FURTHER CONSIDERATION.

WE DISALLOWED YOUR CLAIM UNDER DATE OF DECEMBER 5, 1968, AND AFFIRMED SUCH DISALLOWANCE BY OUR DECISION B-166126, APRIL 22, 1969, BECAUSE SETTLEMENT ON THE SALE OF YOUR RESIDENCE DID NOT OCCUR WITHIN THE ONE YEAR PERIOD SPECIFIED IN BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. YOU REFER TO THE FACT THAT CIRCULAR NO. A-56 WAS AMENDED ON JUNE 26, 1969, TO PERMIT (IN SITUATIONS OTHER THAN A DELAY CAUSED BY LITIGATION) AN EXTENSION OF THE ONE-YEAR PERIOD FOR SETTLEMENT OF A REAL ESTATE TRANSACTION. YOU EXPRESS THE OPINION THAT THE CIRCUMSTANCES EXISTING IN YOUR CASE INABILITY TO COMPLETE THE SALE WITHIN ONE YEAR DUE TO A POOR REAL ESTATE MARKET --CAME WITHIN THAT CHANGE IN THE REGULATIONS.

THE CHANGE THAT WAS MADE IN BUREAU OF THE BUDGET CIRCULAR NO. A-56, EFFECTIVE JUNE 26, 1969, TO WHICH YOU CALL ATTENTION, WAS NOT RETROACTIVE AND HAS NO APPLICATION TO YOUR CASE. SEE B-164461, DECEMBER 12, 1969, AND B-169003, MARCH 5, 1970, COPIES ENCLOSED. WHILE THE LAW DOES NOT AS YOU SAY SPECIFY A TIME RESTRICTION ON THE SALE OR PURCHASE OF A RESIDENCE INVOLVING A PERMANENT CHANGE OF STATION IT DOES AUTHORIZE THE BUREAU OF THE BUDGET TO ISSUE REGULATIONS TO CARRY OUT SUCH STATUTORY PROVISIONS. BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, WAS ISSUED PURSUANT THERETO AND SUCH REGULATIONS ARE STATUTORY IN NATURE. THUS WE CANNOT WAIVE OR EXTEND THE REGULATIONS. SEE B-163700, MAY 6, 1968, COPY ENCLOSED.

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