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B-177671, MAR 13, 1973

B-177671 Mar 13, 1973
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THE MILEAGE ALLOWANCE FOR TRAVEL BY A PRIVATELY OWNED VEHICLE INCIDENT TO A HOUSE HUNTING TRIP WILL BE AT A RATE OF 8 CENTS PER MILE. WHEN A MOBILE HOME IS TRANSPORTED BY A COMMERCIAL CARRIER. THE TRANSPORTATION ALLOWANCE IS LIMITED TO CHARGES DIRECTLY RELATED TO TRANSPORTATION AND WILL NOT INCLUDE OTHER EXPENSES SUCH AS PREPARATION OF THE TRAILER OR INSURANCE. ARE NOT FOR INCLUSION IN THE MISCELLANEOUS EXPENSES ACCOUNT. A NONREFUNDABLE ENTRANCE FEE AT THE TRAILER'S NEW LOCATION IS NOT INCLUDABLE UNDER MISCELLANEOUS EXPENSES SINCE IT IS IN THE NATURE OF RENT. MURPHY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 14. PECK IN RELOCATING HIS MOBILE HOME INCIDENT TO A CANCELED TRANSFER OF STATION WHICH WERE ADMINISTRATIVELY DISALLOWED.

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B-177671, MAR 13, 1973

CIVILIAN EMPLOYEE - HOUSE HUNTING TRIP - RELOCATION OF HOUSE TRAILER - REIMBURSABLE EXPENSES DECISION DENYING THE RECLAIM OF ROBERT B. PECK, AN EMPLOYEE OF THE FOOD AND NUTRITION SERVICE, U.S. DEPARTMENT OF AGRICULTURE, FOR MILEAGE AND EXPENSES INCURRED BY HIM IN RELOCATING HIS MOBILE HOME INCIDENT TO A CANCELED TRANSFER OF STATION. THE MILEAGE ALLOWANCE FOR TRAVEL BY A PRIVATELY OWNED VEHICLE INCIDENT TO A HOUSE HUNTING TRIP WILL BE AT A RATE OF 8 CENTS PER MILE. OMB CIRCULAR NO. A-56, SECTIONS 2.4B AND 2.3A. WHEN A MOBILE HOME IS TRANSPORTED BY A COMMERCIAL CARRIER, THE TRANSPORTATION ALLOWANCE IS LIMITED TO CHARGES DIRECTLY RELATED TO TRANSPORTATION AND WILL NOT INCLUDE OTHER EXPENSES SUCH AS PREPARATION OF THE TRAILER OR INSURANCE. OMB CIRCULAR NO. A-56, SECTION 9.3A. HOWEVER, NECESSARY EXPENSES INCIDENT TO THE RELOCATION OF THE MOBILE HOME CAN BE CONSIDERED IN DETERMINING THE EMPLOYEE'S MISCELLANEOUS EXPENSES ACCOUNT, B-175285, APRIL 20, 1972, SUBJECT TO THE LIMITATION CONTAINED IN SECTION 3.3B THAT SUCH EXPENSES NOT EXCEED THE EMPLOYEE'S BASIC PAY FOR 2 WEEKS. COSTS OF NEWLY ACQUIRED ITEMS AND THEIR INSTALLATION, AND THE COST OF ADDITIONAL INSURANCE, ARE NOT FOR INCLUSION IN THE MISCELLANEOUS EXPENSES ACCOUNT. OMB CIRCULAR NO. A-56, SECTIONS 3.1C (3), (5), (13). HOWEVER, COSTS FOR DISCONNECTING AND CONNECTING APPLIANCES, EQUIPMENT, AND UTILITIES AND UNBLOCKING AND BLOCKING THE TRAILER CAN BE INCLUDED AS MISCELLANEOUS EXPENSES. OMB CIRCULAR NO. A 56, SECTIONS 3.1B(1) AND (2). FINALLY, A NONREFUNDABLE ENTRANCE FEE AT THE TRAILER'S NEW LOCATION IS NOT INCLUDABLE UNDER MISCELLANEOUS EXPENSES SINCE IT IS IN THE NATURE OF RENT. B-175265, APRIL 20, 1972.

TO MR. THOMAS M. MURPHY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 14, 1972, WITH ENCLOSURES, REQUESTING OUR DETERMINATION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A RECLAIM FOR $505.19 SUBMITTED BY MR. ROBERT B. PECK, AN EMPLOYEE OF YOUR AGENCY. THE RECLAIM REPRESENTS MILEAGE AND EXPENSES INCURRED BY MR. PECK IN RELOCATING HIS MOBILE HOME INCIDENT TO A CANCELED TRANSFER OF STATION WHICH WERE ADMINISTRATIVELY DISALLOWED.

THE RECORD INDICATES THAT ON FEBRUARY 25, 1971, MR. PECK SIGNED A SERVICE AGREEMENT INCIDENT TO A PROPOSED TRANSFER FROM ST. PAUL, MINNESOTA, TO MARQUETTE, MICHIGAN. HE WAS THEN INFORMED THAT HE WAS TO REPORT TO HIS NEW STATION ON APRIL 5, 1971. MR. PECK WAS AUTHORIZED TO PERFORM A HOUSE HUNTING TRIP TO HIS NEW STATION AND TO TRANSPORT HIS HOUSEHOLD GOODS. GAVE HIS LANDLORD 30 DAYS NOTICE THAT HE WOULD BE VACATING HIS MOBILE HOME RENTAL SPACE. ON APRIL 2, 1971, MR. PECK WAS INFORMED THAT THE TRANSFER WAS CANCELED. HE IMMEDIATELY INFORMED HIS LANDLORD THAT HIS TRANSFER WAS CANCELED. HOWEVER, THE MOBILE HOME SPACE HAD ALREADY BEEN RENTED TO ANOTHER PERSON AND MR. PECK WAS REQUIRED TO MOVE HIS MOBILE HOME.

IN CONNECTION WITH THE CANCELED TRANSFER MR. PECK SUBMITTED A VOUCHER WHEREON HE CLAIMED $83.20, MILEAGE (832 MILES AT 10 CENTS A MILE), AND $157.50, PER DIEM, INCIDENT TO A HOUSE HUNTING TRIP PERFORMED BY HIMSELF AND HIS WIFE DURING THE PERIOD MARCH 1-5, 1971. HE ALSO CLAIMED REIMBURSEMENT FOR THE FOLLOWING EXPENSES INCURRED IN MOVING HIS MOBILE HOME:

MATERIAL FOR SHED FLOOR $ 12.34

TRANSPORTATION OF MOBILE HOME 75.00

PERMIT FOR TRANSPORTATION OF

MOBILE HOME 5.00

COLLISION INSURANCE ON MOBILE

HOME WHILE IN TRANSIT 15.00

SHED FLOOR BRACES $ 10.00

BLOCKING AND SEWER HOOKUP 117.43

SKIRTING MATERIAL 102.23

LABOR FOR ATTACHING SKIRTING 45.00

WIRING OF OUTSIDE BRAKE BOX 22.00

GAS CONNECTION TO FURNACE 10.00

DISCONNECTING AND RECONNECTING

AIR CONDITIONING AND CONVERTING

OIL FURNACE TO GAS FURNACE 189.55

PLACEMENT (ENTRANCE FEE) AND

ELECTRIC CONNECTION FEE 350.00

TOTAL OF MOVING EXPENSES$953.55

OF THE TOTAL AMOUNT CLAIMED, $1,194.25, THE FOLLOWING ITEMS TOTALING $689.06 WERE PAID AND THE DIFFERENCE OF $505.19 WAS DISALLOWED:

MILEAGE - 832 MILES AT 8 CENTS PER

MILE $ 66.56

PER DIEM 157.50

TRANSPORTATION OF MOBILE HOME 75.00

PERMIT FOR TRANSPORTATION OF

MOBILE HOME 5.00

MISCELLANEOUS EXPENSES ALLOWANCE 385.00

TOTAL $689.06

THE DISALLOWANCE OF $505.19 CONSISTS OF AN ITEM OF $16.64 REPRESENTING MILEAGE AND ITEMS TOTALING $488.55 INCIDENT TO THE RELOCATION OF THE MOBILE HOME.

SECTION 2.4B OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, STATES THAT THE MILEAGE ALLOWANCE FOR TRAVEL BY A PRIVATELY OWNED AUTOMOBILE INCIDENT TO A HOUSE HUNTING TRIP WILL BE AS PROVIDED IN SECTION 2.3A. SECTION 2.3A PROVIDES THAT WHEN AN EMPLOYEE AND ONE MEMBER OF HIS IMMEDIATE FAMILY TRAVEL TOGETHER THE RATE WILL BE 8 CENTS A MILE. SINCE MR. PECK WAS ALLOWED MILEAGE AT THAT RATE FOR THE TRAVEL OF HIMSELF AND HIS WIFE, THERE IS NO ADDITIONAL MILEAGE ALLOWANCE DUE.

SECTION 9.3A OF CIRCULAR NO. A-56, PROVIDES, IN EFFECT, THAT WHEN A MOBILE HOME IS TRANSPORTED BY A COMMERCIAL CARRIER THE TRANSPORTATION ALLOWANCE WILL BE LIMITED TO CHARGES DIRECTLY RELATED TO TRANSPORTATION AND WILL NOT INCLUDE THE COSTS OF PREPARING THE MOBILE HOME FOR MOVEMENT, MAINTENANCE, REPAIRS, STORAGE, INSURANCE FOR A VALUATION ABOVE THE CARRIER'S MAXIMUM RESPONSIBILITY, NOR CHARGES DESIGNATED IN THE TARIFFS AS "SPECIAL SERVICE." HOWEVER, NECESSARY CHARGES INCIDENT TO THE RELOCATION OF THE MOBILE HOME MAY BE CONSIDERED IN DETERMINING THE EMPLOYEE'S MISCELLANEOUS EXPENSES ALLOWANCE. B-175285, APRIL 20, 1972, COPY ENCLOSED.

IN THE INSTANT CASE THE COST OF TRANSPORTATION OF THE MOBILE HOME, $75, AND THE PERMIT FEE INCIDENT THERETO, $5, WERE ALLOWED. THE REMAINING ITEMS INCIDENT TO THE RELOCATION OF THE MOBILE HOME WERE CONSIDERED FOR INCLUSION IN THE MISCELLANEOUS EXPENSES ALLOWANCE. SINCE THE ALLOWABLE ITEMS TOTALED MORE THAN $200, MR. PECK WAS ALLOWED $385 IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3.3B OF CIRCULAR NO. A-56, WHICH STATES THAT THE AGGREGATE AMOUNT ALLOWABLE WILL NOT EXCEED THE EMPLOYEE'S BASIC PAY FOR 2 WEEKS AT THE TIME HE REPORTED FOR DUTY IF HE HAS AN IMMEDIATE FAMILY. HAVE EXAMINED THE VARIOUS ITEMS WHICH WERE CONSIDERED ADMINISTRATIVELY FOR INCLUSION IN THE MISCELLANEOUS EXPENSES ALLOWANCE AND OUR DETERMINATION AS TO THE TOTAL AMOUNT ALLOWED IS AS STATED BELOW.

SECTION 3.1 OF CIRCULAR NO. A-56, STATES, IN PERTINENT PART, THE FOLLOWING CONCERNING THE MISCELLANEOUS EXPENSES ALLOWANCE:

B. THE ALLOWANCE IS RELATED TO EXPENSES THAT ARE COMMON TO LIVING QUARTERS FURNISHINGS AND HOUSEHOLD APPLIANCES AND TO OTHER GENERAL TYPES OF COSTS INHERENT IN RELOCATION OF A PLACE OF RESIDENCE. THE TYPES OF COSTS INTENDED TO BE REIMBURSED UNDER THE ALLOWANCE INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:

(1) DISCONNECTING AND CONNECTING APPLIANCES, EQUIPMENT AND UTILITIES INVOLVED IN RELOCATION, AND COST OF CONVERTING APPLIANCES FOR OPERATION ON AVAILABLE UTILITIES.

(2) UNBLOCKING, BLOCKING AND RELATED EXPENSES IN CONNECTION WITH RELOCATING A HOUSE TRAILER RESIDENCE, BUT NOT THE TRANSPORTATION EXPENSES ALLOWED UNDER 9.3.

(4) UTILITY FEES OR DEPOSITS THAT ARE NOT OFFSET BY EVENTUAL REFUNDS.

C. THIS ALLOWANCE WILL NOT BE USED TO REIMBURSE THE EMPLOYEE FOR COSTS OR EXPENSES THAT HE INCURRED WHICH EXCEED MAXIMUMS PROVIDED BY STATUTE OR IN THESE REGULATIONS; *** COSTS OR EXPENSES INCURRED FOR REASONS OF PERSONAL TASTE OR PREFERENCE AND NOT REQUIRED BECAUSE OF THE MOVE; *** EXAMPLES OF THESE TYPES OF COSTS WHICH ARE NOT REIMBURSABLE FROM THIS ALLOWANCE ARE AS FOLLOWS:

(3) COST OF ADDITIONAL INSURANCE ON HOUSEHOLD GOODS AND PERSONAL EFFECTS WHILE IN TRANSIT TO NEW OFFICIAL STATION, OR COST OF LOSS OR DAMAGE TO SUCH PROPERTY.

(5) COST OF NEWLY ACQUIRED ITEMS, SUCH AS THE PURCHASE OR INSTALLATION COST OF NEW RUGS OR DRAPERIES.

(13) COST INCURRED IN CONNECTION WITH STRUCTURAL ALTERATIONS, REMODELING OR MODERNIZING OF LIVING QUARTERS, GARAGES OR OTHER BUILDINGS, TO ACCOMMODATE PRIVATELY OWNED AUTOMOBILES, APPLIANCES OR EQUIPMENT; OR THE COST OF REPLACING OR REPAIRING WORN-OUT OR DEFECTIVE APPLIANCES OR EQUIPMENT SHIPPED TO THE NEW LOCATION.

THE FOLLOWING ITEMS, REPRESENTING THE COSTS OF NEWLY ACQUIRED ITEMS AND THEIR INSTALLATION, ARE FOR EXCLUSION UNDER THE PROVISIONS OF SECTIONS 3.1C(5) AND (13) OF CIRCULAR NO. A-56:

MATERIAL FOR SHED FLOOR $ 12.34

SHED FLOOR BRACES 10.00

SKIRTING MATERIAL 102.23

LABOR FOR ATTACHING SKIRTING 45.00

IN CONNECTION WITH THE ABOVE SEE B-176476, AUGUST 21, 1972, COPY ENCLOSED.

THE AMOUNT OF $15 FOR COLLISION INSURANCE ON THE MOBILE HOME WHILE IN TRANSIT APPEARS TO BE ADDITIONAL INSURANCE. IT IS THEREFORE NOT ALLOWABLE AS AN ITEM OF MISCELLANEOUS EXPENSES. SECTION 3.1C(3) OF CIRCULAR NO. A- 56. ALSO, THIS ITEM MAY NOT BE ALLOWED AS A TRANSPORTATION EXPENSE. SECTION 9.3A OF CIRCULAR NO. A-56.

THE FOLLOWING ITEMS TOTALING $338.98 ARE ALLOWABLE UNDER THE PROVISIONS OF SECTIONS 3.1B(1) AND (2) OF CIRCULAR NO. A-56;

BLOCKING AND SEWER HOOKUP $117.43

WIRING OF OUTSIDE BRAKE BOX 22.00

GAS CONNECTION TO FURNACE 10.00

DISCONNECTING AND RECONNECTING

AIR CONDITIONING AND CONNECTING

OIL FURNACE TO GAS FURNACE 189.55

REGARDING THE CONVERSION OF THE FURNACE FROM OIL TO GAS, THE RECORD INDICATES THAT THE CONVERSION WAS NOT MADE FOR REASONS OF PERSONAL TASTE OR PREFERENCE, WHICH WOULD NOT BE A REIMBURSABLE ITEM UNDER SECTION 3.1C OF CIRCULAR NO. A-56, BUT WAS REQUIRED BY THE MOBILE HOME COURT.

THE ITEM OF $350 FOR PLACEMENT (ENTRANCE FEE) AND ELECTRIC CONNECTION FEE IS NOT BROKEN DOWN INTO ITS COMPONENT PARTS. THE PART REPRESENTING A NONREFUNDABLE ENTRANCE FEE IS NOT REIMBURSABLE SINCE IT IS IN THE NATURE OF RENT FOR USE OF THE LAND WHERE THE MOBILE HOME IS NOW LOCATED. 175285, APRIL 20, 1972. THE ITEM FOR ELECTRIC CONNECTION FEE APPARENTLY WOULD BE REIMBURSABLE UNDER SECTION 3.1B(4) OF CIRCULAR NO. A-56. SINCE MR. PECK WAS PAID THE MAXIMUM MISCELLANEOUS EXPENSES ALLOWANCE OF $385 UNDER THE PROVISIONS OF SECTION 3.3B OF CIRCULAR NO. A-56, WE ASSUME THAT IT WAS ADMINISTRATIVELY DETERMINED THAT THE ELECTRIC CONNECTION FEE WAS AT LEAST $46.02, THE AMOUNT NECESSARY TO BE ADDED TO THE REIMBURSABLE ITEMS TOTALING $338.98, WHICH WERE NOTED ABOVE, IN ORDER TO JUSTIFY THE PAYMENT OF THE MAXIMUM MISCELLANEOUS EXPENSES ALLOWANCE.

IN VIEW OF THE ABOVE, WHICH INDICATES THAT MR. PECK WAS PAID THE CORRECT AMOUNT OF MILEAGE, PER DIEM ALLOWANCE, MOBILE HOME TRANSPORTATION ALLOWANCE, AND THE MAXIMUM ALLOWABLE MISCELLANEOUS EXPENSES ALLOWANCE, HIS RECLAIM OF THE DISALLOWED ITEMS MAY NOT BE CERTIFIED FOR PAYMENT.

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