B-164394, JUN. 13, 1968
Highlights
AN OFFER TO PURCHASE HIS RESIDENCE AT THE OLD OFFICIAL STATION WAS SIGNED ON OCTOBER 12. THE SALE WAS NOT CONSUMMATED UNTIL NOVEMBER 29. SETS FORTH THE FOLLOWING CONDITION FOR REIMBURSEMENT TO AN EMPLOYEE OF EXPENSES INCURRED IN REAL ESTATE TRANSACTIONS: "THE SETTLEMENT DATES FOR THE SALE AND PURCHASE OF LEASE TERMINATION TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION. EXCEPT THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION.'. UNDER THE ABOVE REGULATION THE CONCLUSION IS INESCAPABLE THAT THE SALE OF THE RESIDENCE HERE INVOLVED FALLS OUTSIDE THE PRESCRIBED ONE YEAR PERIOD WHICH BEGAN ON NOVEMBER 3.
B-164394, JUN. 13, 1968
TO MR. JOHN H. GREVE:
YOUR LETTER OF MAY 21, 1968, REQUESTS OUR ADVANCE DECISION AS TO WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT THE VOUCHER IN FAVOR OF MR. ALVIN J. SINGLETON, AN EMPLOYEE OF THE DEFENSE LOGISTICS SERVICES CENTER, U.S. DEPARTMENT OF DEFENSE, TO REIMBURSE HIM FOR REAL ESTATE TRANSACTION EXPENSES INCURRED IN THE TRANSFER OF HIS PERMANENT STATION FROM MOBILE, ALABAMA, TO BATTLE CREEK, MICHIGAN.
YOU SAY THAT MR. SINGLETON ARRIVED AT THE NEW DUTY STATION ON NOVEMBER 3, 1966. AN OFFER TO PURCHASE HIS RESIDENCE AT THE OLD OFFICIAL STATION WAS SIGNED ON OCTOBER 12, 1967; HOWEVER, THE SALE WAS NOT CONSUMMATED UNTIL NOVEMBER 29, 1967, ACCORDING TO THE LOAN CLOSING STATEMENT.
SECTION 4.1D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, SETS FORTH THE FOLLOWING CONDITION FOR REIMBURSEMENT TO AN EMPLOYEE OF EXPENSES INCURRED IN REAL ESTATE TRANSACTIONS:
"THE SETTLEMENT DATES FOR THE SALE AND PURCHASE OF LEASE TERMINATION TRANSACTIONS FOR WHICH REIMBURSEMENT IS REQUESTED ARE NOT LATER THAN ONE YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION, EXCEPT THAT AN APPROPRIATE EXTENSION OF TIME MAY BE AUTHORIZED BY THE HEAD OF THE DEPARTMENT OR HIS DESIGNEE WHEN SETTLEMENT IS NECESSARILY DELAYED BECAUSE OF LITIGATION.'
UNDER THE ABOVE REGULATION THE CONCLUSION IS INESCAPABLE THAT THE SALE OF THE RESIDENCE HERE INVOLVED FALLS OUTSIDE THE PRESCRIBED ONE YEAR PERIOD WHICH BEGAN ON NOVEMBER 3, 1966, AND ENDED ON NOVEMBER 3, 1967.
ALTHOUGH YOU INDICATE THAT THE SALE OF THE HOUSE AT THE OLD DUTY STATION WAS DELAYED DUE TO UNFAVORABLE MARKET CONDITIONS, NEVERTHELESS, THIS IS NOT A BASIS SPECIFIED IN THE REGULATION FOR EXTENDING THE ONE YEAR REQUIREMENT. THE REGULATION IN QUESTION, ISSUED PURSUANT TO PUBLIC LAW 89 -516, HAS THE FORCE AND EFFECT OF LAW AND CANNOT BE WAIVED OR MODIFIED BY OUR OFFICE.
BECAUSE OF THE FOREGOING, THE VOUCHER WHICH IS RETURNED TOGETHER WITH SUPPORTING PAPERS MAY NOT BE CERTIFIED FOR PAYMENT.