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B-167361, MAR. 31, 1970

B-167361 Mar 31, 1970
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WAS MADE TO PURCHASE RESIDENCE UNTIL JULY 6. THERE WAS NO CLOSING COST STATEMENT. IF TANGIBLE EVIDENCE BE PRESENTED TO SHOW A CONTRACTUAL COMMITMENT TO PURCHASE THE PERMANENT RESIDENCE WAS MADE AFTER JULY 1. WAS MADE TO PURCHASE THE RESIDENCE UNTIL JULY 6. THAT THERE WAS NO CLOSING COST STATEMENT. THE ABOVE SUM OF $204 APPEARS TO HAVE BEEN COMPUTED BY YOUR OFFICE IN ACCORDANCE WITH SUBSECTION 2.5D (2) (C) OF BUREAU OF THE BUDGET CIRCULAR NO. THE VOUCHER AND RELATED PAPERS WHICH ARE RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.

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B-167361, MAR. 31, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--SUBSISTENCE EXPENSES CLAIM OF SURVIVING SPOUSE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES CLAIMED BY DECEASED EMPLOYEE FOR PERIOD JULY 1 TO 6, 1967 MAY BE ALLOWED SINCE ADDITIONAL EVIDENCE SUBMITTED (PROMISSORY NOTE DATED JULY 6, 1967, FOR $1,200, COPY OF WARRANTY DEED DATED JULY 6, 1967, AND AFFADAVIT EXECUTED BY SPOUSE JAN. 23, 1970) MAY BE REGARDED AS ESTABLISHING THAT NO SEPARATE AGREEMENT, ORAL OR WRITTEN, WAS MADE TO PURCHASE RESIDENCE UNTIL JULY 6, 1967, AND THERE WAS NO CLOSING COST STATEMENT, DEED OF TRUST, OR MORTGAGE WITH REFERENCE TO PURCHASE TRANSACTION.

TO MR. L. C. TURRIETTA:

WE REFER TO YOUR LETTER OF MARCH 18, 1970, WITH ENCLOSURES, CONCERNING OUR DECISION OF AUGUST 5, 1969, B-167361, WHICH ADVISED YOU TO THE EFFECT THAT THE TEMPORARY QUARTERS SUBSISTENCE EXPENSES CLAIMED BY MR. JOSEPH E. HEBERT WOULD BE ALLOWABLE FOR PART OF THE PERIOD AFTER JULY 1, 1967, IF TANGIBLE EVIDENCE BE PRESENTED TO SHOW A CONTRACTUAL COMMITMENT TO PURCHASE THE PERMANENT RESIDENCE WAS MADE AFTER JULY 1, 1967.

YOU NOW ASK WHETHER YOU MAY CERTIFY THE ENCLOSED VOUCHER (STANDARD FORM 1154) FOR PAYMENT OF THE SUM OF $204 FOR THE PERIOD JULY 1, TO 6, 1967, BASED ON THE EVIDENCE FURNISHED WITH THE CLAIM OF MRS. CAROL V. HEBERT, SURVIVING SPOUSE OF MR. HEBERT, DECEASED DECEMBER 1, 1969.

THE ADDITIONAL EVIDENCE SUBMITTED CONSISTS OF A COPY OF A PROMISSORY NOTE DATED JULY 6, 1967, FOR THE SUM OF $1,200, A COPY OF WARRANTY DEED NO. 374353, DATED JULY 6, 1967, AND AN AFFIDAVIT EXECUTED BY MRS. HEBERT ON JANUARY 23, 1970. SUCH EVIDENCE MAY BE REGARDED AS ESTABLISHING THAT NO SEPARATE AGREEMENT, ORAL OR WRITTEN, WAS MADE TO PURCHASE THE RESIDENCE UNTIL JULY 6, 1967, AND THAT THERE WAS NO CLOSING COST STATEMENT, DEED OF TRUST OR MORTGAGE WITH REFERENCE TO THE PURCHASE TRANSACTION.

THE ABOVE SUM OF $204 APPEARS TO HAVE BEEN COMPUTED BY YOUR OFFICE IN ACCORDANCE WITH SUBSECTION 2.5D (2) (C) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED (1966).

THE VOUCHER AND RELATED PAPERS WHICH ARE RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.

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