B-109895, JULY 2, 1952, 32 COMP. GEN. 9

B-109895: Jul 2, 1952

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PROVIDED THE NECESSARY RECEIPTS ARE FURNISHED. 1952: REFERENCE IS MADE TO YOUR LETTER OF MAY 22. - A POINT FROM WHICH THE EMPLOYEE WILL COMMUTE DAILY TO HIS HEADQUARTERS. DOUBT AS TO THE PROPRIETY OF CERTIFYING THE VOUCHER FOR PAYMENT IS STATED TO HAVE ARISEN FOR THE REASONS THAT (1) THE MOVEMENT OF THE EFFECTS WAS ACCOMPLISHED BY A TRUCK OWNED AND DRIVEN BY THE BROTHER OF THE CLAIMANT. WHICH RAISES A QUESTION AS TO WHETHER SUCH MOVEMENT WAS ACCOMPLISHED BY A . (2) THE EFFECTS IN QUESTION WERE NEITHER WEIGHED NOR MEASURED UPON A CUBIC BASIS WHICH RAISES THE QUESTION AS TO THE WEIGHT UPON THE COMMUTED ALLOWANCE. THE REVERSE OF THE VOUCHER CONTAINS THE FOLLOWING EXPLANATION: TRANSPORTATION OF THESE EFFECTS WAS ACCOMPLISHED BY TRUCK FROM MONTGOMERY.

B-109895, JULY 2, 1952, 32 COMP. GEN. 9

TRANSPORTATION - HOUSEHOLD EFFECTS - ESTIMATED WEIGHT OF SHIPMENT A TRANSFERRED EMPLOYEE WHO FAILED TO FURNISH THE ACTUAL OR CONSTRUCTIVE (CUBIC FOOT MEASUREMENT) WEIGHT OF SHIPMENT OF HOUSEHOLD EFFECTS BY A PRIVATELY OWNED TRUCK, AS REQUIRED BY SECTIONS 10 AND 14 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, BUT WHO DID FURNISH A STATEMENT OF THE ESTIMATED WEIGHT, MAY BE ALLOWED THE AMOUNT ACTUALLY EXPENDED ON ACCOUNT OF THE SHIPMENT, SAID AMOUNT BEING LESS THAN THAT PAYABLE AT THE RATE PRESCRIBED IN THE EXECUTIVE ORDER BASED UPON THE ESTIMATED WEIGHT OF THE EFFECTS SHIPPED, PROVIDED THE NECESSARY RECEIPTS ARE FURNISHED.

COMPTROLLER GENERAL WARREN TO ARTHUR T. WADE, ATOMIC ENERGY COMMISSION, JULY 2, 1952:

REFERENCE IS MADE TO YOUR LETTER OF MAY 22, 1952, FILE NO. FC:ATW: AS, REQUESTING ADVICE AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF JAMES BROOKS TAYLOR FOR $225.72, REPRESENTING THE AMOUNT CLAIMED UPON A COMMUTED BASIS FOR SHIPMENT OF HOUSEHOLD EFFECTS FROM MONTGOMERY, ALABAMA, TO BARNWELL, SOUTH CAROLINA--- A POINT FROM WHICH THE EMPLOYEE WILL COMMUTE DAILY TO HIS HEADQUARTERS--- INCIDENT TO A PERMANENT CHANGE OF OFFICIAL STATION FROM WASHINGTON, D.C., TO AUGUSTA, GEORGIA, OR BARNWELL, SOUTH CAROLINA.

DOUBT AS TO THE PROPRIETY OF CERTIFYING THE VOUCHER FOR PAYMENT IS STATED TO HAVE ARISEN FOR THE REASONS THAT (1) THE MOVEMENT OF THE EFFECTS WAS ACCOMPLISHED BY A TRUCK OWNED AND DRIVEN BY THE BROTHER OF THE CLAIMANT, WHICH RAISES A QUESTION AS TO WHETHER SUCH MOVEMENT WAS ACCOMPLISHED BY A ,CARRIER" WITHIN THE MEANING OF THAT TERM AS USED IN EXECUTIVE ORDER NO. 9805, NOVEMBER 25, 1946, AND (2) THE EFFECTS IN QUESTION WERE NEITHER WEIGHED NOR MEASURED UPON A CUBIC BASIS WHICH RAISES THE QUESTION AS TO THE WEIGHT UPON THE COMMUTED ALLOWANCE, IF PAYABLE AT ALL, SHOULD BE COMPUTED.

THE REVERSE OF THE VOUCHER CONTAINS THE FOLLOWING EXPLANATION:

TRANSPORTATION OF THESE EFFECTS WAS ACCOMPLISHED BY TRUCK FROM MONTGOMERY, ALABAMA TO BARNWELL, SOUTH CAROLINA. THE TRUCK IS THE PROPERTY OF MY BROTHER, THOMAS A. TAYLOR. ALL EXPENSES, INCLUDING GAS, OIL, REPAIRS, ONE NEW TIRE, RENT OF TRUCK AND PAYMENT TO THE DRIVER WERE OUT-OF-POCKET EXPENSES THAT I HAVE SATISFIED. THE STATED WEIGHT OF THE HOUSEHOLD EFFECTS WAS ARRIVED AT BY HAVING MY BROTHER AND TWO DISINTERESTED PERSONS WELL EXPERIENCED IN THE MOVING OF SIMILAR ITEMS, APPRAISE THE EFFECTS. THEIR CONCLUSION WAS THAT THE EFFECTS WEIGHED NO LESS THAN 3,600 POUNDS CERTIFIED TO IN THIS VOUCHER.

IT HAS BEEN HELD THAT WHERE AN EMPLOYEE FAILS TO FURNISH THE ACTUAL OR CONSTRUCTIVE (CUBIC FOOT MEASUREMENT) WEIGHT OF A SHIPMENT OF HOUSEHOLD EFFECTS, AS REQUIRED BY SECTIONS 10 AND 14 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, PAYMENT UPON A COMMUTED BASIS IS UNAUTHORIZED. SEE 28 COMP. GEN. 95. INASMUCH AS THE EMPLOYEE THERE INVOLVED HAD FURNISHED AN ACCEPTABLE STATEMENT OF ESTIMATED WEIGHT, HE WAS ALLOWED THE AMOUNT ACTUALLY EXPENDED ON ACCOUNT OF THE SHIPMENT, SUCH AMOUNT BEING LESS THAN THAT PAYABLE AT THE RATE PRESCRIBED IN THE EXECUTIVE ORDER BASED UPON THE ESTIMATED WEIGHT OF THE EFFECTS SHIPPED. THE PRINCIPLE ENUNCIATED IN THAT DECISION APPEARS EQUALLY FOR APPLICATION IN MR. TAYLOR'S CASE. IN OTHER WORDS, THE MAXIMUM THAT** MAY BE ALLOWED ON ACCOUNT OF THE SHIPMENT HERE INVOLVED--- AND THEN ONLY IF ADEQUATELY SUPPORTED BY RECEIPTS--- IS THAT ACTUALLY EXPENDED BY THE CLAIMANT. ALSO SEE, GENERALLY, B-107845, MAY 13, 1952, 31 COMP. GEN. 590.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.