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                         October 3, 1996
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                        GSBCA 13799-RELO

                In the Matter of JOSEPH H. ROSEN


     Joseph H. Rosen, Alpharetta, GA, Claimant.

     Donna Wyant, Acting Travel Team Leader, U.S. Customs Service,
Indianapolis, IN, appearing for the Department of the Treasury.

NEILL, Board Judge.

     Claimant in this case, Mr. Joseph H. Rosen, is an employee of
the United States Customs Service.  He is seeking reimbursement for
$1,100 paid to a local realtor for services rendered in conjunction
with his purchase of a home at his new official duty station.  The
Customs Service has denied his request on the ground that the
Federal Travel Regulation (FTR) prohibits reimbursement of brokers'
fees incurred in purchasing a home at the new official duty
station.  We find this ruling of the agency to be correct.  

     The facts of this case are as follows.  The owner of the house
which claimant purchased at his new duty station was not
represented by a broker.  His house was for-sale-by-owner. 
Claimant, as purchaser, however, elected to make use of the
services of a broker of his own choosing.  This broker dealt with
the seller on behalf of the claimant.  This involved resisting
efforts of the seller to alter the terms of the original sales
contract, making arrangements for settlement in the absence of a
broker for seller, prevailing on the owner to vacate the premises
after settlement, and arranging for the former owner to pay rent
for the period he remained in possession after closing.  

     Mr. Rosen originally sought a total of $5,768.70 for costs
incurred in purchasing his house at the new duty station.  The
Customs Service allowed $4,315 of this claim.  A broker's
settlement fee of $1,100 was included in the original claim but was
disallowed.  Mr. Rosen asked the agency to reconsider the broker's
fee on the ground that in this case the seller became extremely
difficult after the contract was signed.  In the opinion of Mr.
Rosen, the assistance of a broker was essential in that the broker
eventually succeeded in accomplishing what he, himself, could never
have done.  

     After consulting with counsel, the agency official handling
the case denied Mr. Rosen's request for reconsideration.  Mr. Rosen
then appealed to the General Accounting Office (GAO).  His appeal
has since been transferred to this Board.

     In dealing with reimbursable and nonreimbursable expenses in
connection with residence transactions, the FTR discusses  brokers'
fees and real estate commissions.  Section 302-6.2 of the
Regulation expressly states: "No such fee or commission is
reimbursable in connection with the purchase of a home at the new
official station." 

     In the past, broker's fees for services similar to those
rendered in this case to Mr. Rosen, as purchaser, have been deemed
by GAO to fall into the category of nonreimbursable.  Charlie F.
Beecham, B-247315 (May 18, 1992).  We find this to be a reasonable
interpretation of the applicable FTR provision and see no reason
why we should interpret it differently.  We, therefore, conclude
that the rejection of Mr. Rosen's claim by the Customs Service was
correct. 




                                   _____________________
                                   EDWIN B. NEILL
                                   Board Judge