B-239155, Aug 24, 1990
Highlights
CIVILIAN PERSONNEL - Relocation - Residence transaction expenses - Reimbursement - Eligibility - Property titles DIGEST: Transferred employee may be reimbursed for only 50 percent of his real estate sales expenses since he and his wife held title jointly with her in -laws who had provided downpayment for house and were not members of his immediate family. The Fournier decision is not applicable here because of the unusual facts in that case. Fournier was still limited to a 50-percent reimbursement. This Office has consistently held that where an employee holds title to a residence with an individual who is not a member of his immediate family. Wheeler and his wife held title with two individuals who were not members of his immediate family.
B-239155, Aug 24, 1990
CIVILIAN PERSONNEL - Relocation - Residence transaction expenses - Reimbursement - Eligibility - Property titles DIGEST: Transferred employee may be reimbursed for only 50 percent of his real estate sales expenses since he and his wife held title jointly with her in -laws who had provided downpayment for house and were not members of his immediate family. Thomas A. Fournier, B-217825, Aug. 2, 1985, distinguished.
David L. Wheeler:
This responds to a request by an authorized certifying officer of the Forest Service, United States Department of Agriculture, for our decision as to whether an employee, David L. Wheeler, may receive more than 50 percent of allowable reimbursable real estate expenses for the sale of his residence. Mr. Wheeler held title to the residence jointly with his wife and her former in-laws, who had provided a downpayment on the residence of $23,000. The certifying officer's doubt in this matter aries from language in a decision of this Office, Thomas A. Fournier, B-217825, Aug. 2, 1985, which seems to indicate that an employee may present evidence of a greater share of expenses paid in order to increase his entitlement.
The Fournier decision is not applicable here because of the unusual facts in that case, i.e., Mr. Fournier possessed sole title to his residence when he transferred, and later relinquished it through purchase of an assumable loan with a co-purchaser ostensibly in order to facilitate the sale. Mr. Fournier was still limited to a 50-percent reimbursement. Thus, this Office has consistently held that where an employee holds title to a residence with an individual who is not a member of his immediate family, the employee may be reimbursed only to the extent of his interest in that residence. William J. Fitzgerald, 66 Comp.Gen. 95 (1986); Alan Wood, 64 Comp.Gen. 299 (1985); Anthony Stampone III, B-223018, Sept. 30, 1986.
Accordingly, since Mr. Wheeler and his wife held title with two individuals who were not members of his immediate family, his reimbursement was correctly limited to 50 percent.