B-86001/G), I-17000-2759, APR. 11, 1957

B-86001/G), I-17000-2759, APR. 11, 1957

TO DR. FERDINAND O. GRASSL:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 10, 1957, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES RESULTING FROM THE RECEIPT OF INCREASED ALLOWANCE PAYMENTS AS FOR AN OFFICER WITH A DEPENDENT MOTHER INCIDENT TO YOUR SERVICE AS AN OFFICER IN THE UNITED STATES AIR FORCE.

THE CONCLUSION THAT YOUR MOTHER WAS NOT IN FACT DEPENDENT ON YOU FOR MORE THAN HALF OF HER SUPPORT DURING THE PERIODS YOU RECEIVED THE INCREASED ALLOWANCE PAYMENTS WAS AFFIRMED IN OUR DECISION DATED DECEMBER 12, 1956, B -86001/G), I-17000-2759, AFTER ANOTHER INVESTIGATION, INCLUDING FURTHER INTERVIEWS WITH YOU AND YOUR MOTHER, AND, BECAUSE NO ADDITIONAL EVIDENCE WAS SUBMITTED WITH YOUR LETTER OF NOVEMBER 14, 1956, REQUESTING RECONSIDERATION OF THE MATTER.

YOUR PRESENT LETTER, IN AFFIDAVIT FORM, SUBSCRIBED AND SWORN TO ON FEBRUARY 12, 1957, IS GENERAL IN NATURE AND TO THE EFFECT THAT, WHILE THE AMOUNT OF YOUR MOTHER'S LIVING EXPENSES DURING THE PERIODS INVOLVED CANNOT NOW BE DETERMINED BY YOU, THE AMOUNT OF SUCH EXPENSES AT LEAST EQUALED HER TOTAL INCOME, INCLUDING YOUR CONTRIBUTION, AND THAT THE AMOUNT OF YOUR REMITTANCES RETAINED AND USED BY YOUR MOTHER FOR SUPPORT PURPOSES DURING THE PERIOD INVOLVED WAS GREATER THAN THE AMOUNT OF HER OTHER INCOME DURING THAT PERIOD. THE AVERMENTS OF YOUR LETTER AND AFFIDAVIT ARE NOT CORROBORATED IN OUR DECISION OF DECEMBER 12, 1956. YOU SAY, HOWEVER, THAT YOU HAVE ON FILE CERTAIN DOCUMENTS, LETTERS AND OTHER MATERIAL TO SUBSTANTIATE YOUR AVERMENTS.

IT HAS BEEN HELD THAT IT IS INCUMBENT ON AN OFFICER CLAIMING INCREASED ALLOWANCES ON ACCOUNT OF A DEPENDENT PARENT TO ESTABLISH THE REASONABLE AND NECESSARY LIVING EXPENSES OF THE ALLEGED DEPENDENT; THAT THE FACT THAT THE OFFICER'S MONTHLY CONTRIBUTION IS IN EXCESS OF THE ALLEGED DEPENDENT'S INDEPENDENT INCOME DOES NOT OF ITSELF ESTABLISH THAT THE ALLEGED DEPENDENT IS DEPENDENT ON THE OFFICER FOR CHIEF SUPPORT OR FOR OVER HALF OF HIS OR HER SUPPORT; AND THAT IT MUST BE SHOWN THAT THE OFFICER'S CONTRIBUTION IS REQUIRED FOR THE ALLEGED DEPENDENT'S NECESSARY AND PROPER SUPPORT AND CONSTITUTES THE CHIEF PART OF SUCH SUPPORT. WHITING V. UNITED STATES, 80 C.CLS. 662; ODLIN V. UNITED STATES, 74 C.CLS. 633, 638; CF. SPALDING V. UNITED STATES, 116 C.CLS. 803.

UPON FURTHER REVIEW OF THE MATTER THE CONCLUSION IS REQUIRED THAT THE RECORD, AS NOW SUPPLEMENTED, DOES NOT WARRANT A DETERMINATION THAT YOUR MOTHER WAS IN FACT DEPENDENT ON YOU FOR OVER HALF OF HER SUPPORT, SINCE YOU HAVE NOT ESTABLISHED THE AVERAGE MONTHLY AMOUNT OF HER REASONABLE AND NECESSARY LIVING EXPENSES DURING THE PERIOD INVOLVED AS REQUIRED BY THE ABOVE-MENTIONED RULES AND YOUR CONTENTIONS RESPECTING THE AMOUNT OF YOUR CONTRIBUTIONS HAVE NOT BEEN SUBSTANTIATED.

ACCORDINGLY, UNLESS WITHIN 60 DAYS THE AMOUNT OF THE IMPROPER PAYMENTS IS REMITTED, OR ARRANGEMENTS ARE MADE TO LIQUIDATE THE INDEBTEDNESS BY REGULAR INSTALLMENT PAYMENTS, A DEBT CHARGE WILL BE RAISED AGAINST YOU AND THE MATTER WILL BE REFERRED TO THE DEPARTMENT OF JUSTICE FOR COLLECTION ACTION.

ANY SUCH PAYMENTS SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. THE REFERENCE "CLAIM NO. 1891827" SHOULD BE SHOWN ON ALL PAYMENTS ..END :