A-98492, OCTOBER 17, 1938, 18 COMP. GEN. 349

A-98492: Oct 17, 1938

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MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - OWNERSHIP IN FIRM OF WHICH TRAVELER IS A MEMBER PAYMENT IS NOT AUTHORIZED ON A MILEAGE BASIS UNDER THE ACT OF FEBRUARY 14. FOR TRAVEL PERFORMED IN AN AUTOMOBILE NOT OWNED BY THE TRAVELER PERSONALLY BUT BELONGING TO A FIRM OF WHICH THE TRAVELER IS A MEMBER. THERE ARE HEREWITH ENCLOSED WITH REQUEST FOR AN ADVANCE DECISION TWO VOUCHERS. "THE AUTOMOBILE IN WHICH TRAVEL WAS PERFORMED IS OWNED BY THOMAS H. OF WHICH THE UNDERSIGNED IS A MEMBER. " THERE IS A DOUBT AS TO WHETHER SUCH OWNERSHIP CAN BE CONSTRUED AS "OWN AUTOMOBILE" AS USED IN THE ACT OF FEBRUARY 14. THAT THE ENCLOSED VOUCHERS HAVE BEEN PRESENTED TO ME FOR PAYMENT. AUTHORIZES MILEAGE FOR THE USE OF A PRIVATELY-OWNED AUTOMOBILE ONLY WHEN IT IS THE EMPLOYEE'S "OWN AUTOMOBILE.'.

A-98492, OCTOBER 17, 1938, 18 COMP. GEN. 349

MILEAGE - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - OWNERSHIP IN FIRM OF WHICH TRAVELER IS A MEMBER PAYMENT IS NOT AUTHORIZED ON A MILEAGE BASIS UNDER THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS AMENDED, FOR TRAVEL PERFORMED IN AN AUTOMOBILE NOT OWNED BY THE TRAVELER PERSONALLY BUT BELONGING TO A FIRM OF WHICH THE TRAVELER IS A MEMBER.

ACTING COMPTROLLER GENERAL ELLIOTT TO LIEUTENANT COLONEL E. T. COMEGYS, UNITED STATES ARMY, OCTOBER 17, 1938:

YOUR LETTER OF SEPTEMBER 28, 1938, REQUESTS DECISION AS FOLLOWS:

1. THERE ARE HEREWITH ENCLOSED WITH REQUEST FOR AN ADVANCE DECISION TWO VOUCHERS, COVERING THE CLAIM OF DR. WILLIAM J. HOGAN, A CIVILIAN, EMPLOYED IN CONNECTION WITH C.C.C. ACTIVITIES, FOR MILEAGE FOR THE USE OF A PRIVATELY-OWNED AUTOMOBILE WHILE TRAVELING UNDER ORDERS. IN VIEW OF THE STATEMENT OF CLAIMANT APPEARING IN THE VOUCHERS; NAMELY,"THE AUTOMOBILE IN WHICH TRAVEL WAS PERFORMED IS OWNED BY THOMAS H. HOGAN CO., OF WHICH THE UNDERSIGNED IS A MEMBER," THERE IS A DOUBT AS TO WHETHER SUCH OWNERSHIP CAN BE CONSTRUED AS "OWN AUTOMOBILE" AS USED IN THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AND IN ITS AMENDMENT OF MARCH 3, 1933, 47 STAT. 1516.

2. I CERTIFY THAT I AM A DISBURSING OFFICER, AND THAT THE ENCLOSED VOUCHERS HAVE BEEN PRESENTED TO ME FOR PAYMENT.

THE ACT OF FEBRUARY 14, 1931, 46 STAT. 1103, AS AMENDED, AUTHORIZES MILEAGE FOR THE USE OF A PRIVATELY-OWNED AUTOMOBILE ONLY WHEN IT IS THE EMPLOYEE'S "OWN AUTOMOBILE.' CLAIMANT IN THIS CASE ADMITS THAT THE AUTOMOBILE USED DID NOT BELONG TO HIM PERSONALLY BUT BELONGED TO A FIRM OF WHICH HE IS A MEMBER. ACCORDINGLY, HE IS NOT ENTITLED TO PAYMENT ON A MILEAGE BASIS AND AS HE HAS FAILED TO SHOW ANY ACTUAL EXPENSES, YOU ARE NOT AUTHORIZED TO PAY THE VOUCHERS. 14 COMP. GEN. 197; 16 ID. 23.