B-163835, OCT. 9, 1968

B-163835, OCT. 9, 1968

TO MR. EVERETT W. WALBERT:

YOUR MEMORANDUM OF AUGUST 26, 1968, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES YOU INCURRED INCIDENT TO YOUR TRANSFER FROM WASHINGTON, D.C., TO CHICAGO, ILLINOIS, IN NOVEMBER 1966, WAS FORWARDED TO OUR OFFICE TOGETHER WITH YOUR TRAVEL VOUCHER OF THE SAME DATE BY THE ACTING REGIONAL FISCAL MANAGEMENT OFFICER, MIDWEST REGION, INTERNAL REVENUE SERVICE.

YOU REQUEST RECONSIDERATION OF OUR DECISION OF JULY 9, 1968, B 163835, TO THE EXTENT THAT YOU WERE NOT REIMBURSED THE RENT YOU PAID FOR YOUR APARTMENT IN THE WASHINGTON D.C. AREA FOR NOVEMBER 1966 ($175) OR THE COST OF YOUR WIFE'S TRAVEL FROM CHICAGO TO WASHINGTON AND RETURN BETWEEN NOVEMBER 19 AND 24, 1966 ($75.40 AIR FARE PLUS $3.45 LIMOUSINE FARES).

THE RENT YOU PAID ON YOUR APARTMENT IN ARLINGTON, VIRGINIA, FOR NOVEMBER 1966 WAS NOT CONSIDERED TO BE REIMBURSABLE AS A COST OF TERMINATING A LEASE BECAUSE YOU DID NOT MOVE OUT OF THAT APARTMENT UNTIL NOVEMBER 25. YOU BASE YOUR APPEAL ON THE FACT THAT YOUR AGENCY DID NOT GIVE YOU OFFICIAL NOTICE OF THE CHANGE OF STATION SO THAT YOU COULD HAVE MOVED OUT OF THAT APARTMENT ON THE LAST DAY OF OCTOBER 1966 AND THUS AVOIDED PAYMENT OF RENT FOR NOVEMBER. SINCE THE CONTROLLING LAWS AND REGULATION AUTHORIZE REIMBURSEMENT ONLY FOR EXPENSES OF TERMINATING A LEASE, WE ARE WITHOUT AUTHORITY TO ALLOW PAYMENT TO YOU FOR A PERIOD DURING WHICH YOU RETAINED POSSESSION OF THE APARTMENT REGARDLESS OF THE FACT THAT THIS MAY HAVE RESULTED FROM THE FAILURE OF YOUR AGENCY TO GIVE YOU TIMELY NOTICE OF YOUR TRANSFER. UPON REVIEW OF ALL THE FACTS, HOWEVER, IT APPEARS THAT YOU MOVED OUT OF THE APARTMENT ON NOVEMBER 25, BUT WERE REQUIRED TO PAY THE RENT FOR THE FULL MONTH OF NOVEMBER UNDER THE TERMS OF YOUR LEASE. THEREFORE, WE ARE DIRECTING THE CLAIMS DIVISION OF OUR OFFICE TO ISSUE A SETTLEMENT FOR THE AMOUNT OF RENT PAID FOR THE PERIOD NOVEMBER 26 THROUGH 30 OR $29.17. THAT AMOUNT WILL BE APPLIED AGAINST YOUR OUTSTANDING TRAVEL ADVANCE.

YOUR WIFE'S TRAVEL FROM CHICAGO TO WASHINGTON AND RETURN AFTER THE EFFECTIVE DATE OF YOUR TRANSFER WAS APPARENTLY PERFORMED FOR THE PURPOSE OF ARRANGING FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS. THERE IS NO AUTHORITY IN THE CONTROLLING LAWS OR REGULATION TO REIMBURSE AN EMPLOYEE FOR ADDITIONAL TRAVEL RESULTING FROM SUCH CIRCUMSTANCES. THE FACT THAT YOU WERE NOT AUTHORIZED AND DID NOT TAKE A HOUSE HUNTING TRIP TO THE NEW OFFICIAL STATION PRIOR TO THE EFFECTIVE DATE OF YOUR TRANSFER PROVIDES NO BASIS FOR PAYMENT OF THE AMOUNT INVOLVED.

FOR THE REASONS STATED YOU WILL BE ALLOWED ADDITIONAL REIMBURSEMENT FOR THE RENT YOU PAID FOR THE APARTMENT IN ARLINGTON AFTER THE DATE ON WHICH IT WAS VACATED.