B-123314, MAY 26, 1955

B-123314: May 26, 1955

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DEPARTMENT OF AGRICULTURE: REFERENCE IS MADE TO YOUR LETTER OF MARCH 8. DUDLEY WAS DIRECTED TO PROCEED FROM BUFFALO. SHIPMENT OF HIS HOUSEHOLD GOODS WAS AUTHORIZED THEREIN. WAS ENGAGED BY THE EMPLOYEE TO HAUL HIS HOUSE TRAILER. SHOWS THAT THE COST OF TOWING THE LOADED TRAILER WAS $90 AND THAT THE COST OF MOVING THE EMPTY TRAILER THE SAME DISTANCE WOULD HAVE BEEN $60. WAS MOVED BY A TRAILER RENTED AT A COST OF $18 AND DRAWN BY THE EMPLOYEE'S PERSONALLY OWNED AUTOMOBILE FOR WHICH HE HAS BEEN REIMBURSED AT THE COMMUTED RATE AS AUTHORIZED IN EXECUTIVE ORDER NO. 9805. FOSHER WAS DIRECTED TO PROCEED FROM CASPER. THE FAY PEEBLES TRAILER SALES WAS ENGAGED BY THE EMPLOYEE TO HAUL HIS HOUSE TRAILER.

B-123314, MAY 26, 1955

PRECIS-UNAVAILABLE

R.H. CHONEY, DEPARTMENT OF AGRICULTURE:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 8, 1955, REQUESTING OUR DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT THE SUBMITTED VOUCHERS OF MR. THOMAS G. DUDLEY AND MR. DANN A. FOSHER, IN THE AMOUNTS OF $75.93 AND $111.32, RESPECTIVELY.

BY TRAVEL AUTHORIZATION DATED NOVEMBER 9, 1954, MR. DUDLEY WAS DIRECTED TO PROCEED FROM BUFFALO, WYOMING, HIS OFFICIAL DUTY STATION, TO TORRINGTON, WYOMING, FOR PERMANENT DUTY, AND SHIPMENT OF HIS HOUSEHOLD GOODS WAS AUTHORIZED THEREIN. THE WESTERN TRAILER TRANSPORT CO. WAS ENGAGED BY THE EMPLOYEE TO HAUL HIS HOUSE TRAILER, CONTAINING 1,332 POUNDS - VERIFIED BY A WEIGHT CERTIFICATE - OF HIS HOUSEHOLD GOODS, FROM THE OLD TO THE NEW DUTY STATION. A STATEMENT FROM THE WESTERN TRAILER TRANSPORT CO. SHOWS THAT THE COST OF TOWING THE LOADED TRAILER WAS $90 AND THAT THE COST OF MOVING THE EMPTY TRAILER THE SAME DISTANCE WOULD HAVE BEEN $60. THE BALANCE OF MR. DUDLEY'S HOUSEHOLD GOODS AND PERSONAL EFFECTS, WEIGHING 1,047 POUNDS, WAS MOVED BY A TRAILER RENTED AT A COST OF $18 AND DRAWN BY THE EMPLOYEE'S PERSONALLY OWNED AUTOMOBILE FOR WHICH HE HAS BEEN REIMBURSED AT THE COMMUTED RATE AS AUTHORIZED IN EXECUTIVE ORDER NO. 9805, AS AMENDED. HE HAS ALSO BEEN PAID MILEAGE FOR TRANSPORTATION OF HIS IMMEDIATE FAMILY BY PRIVATELY OWNED AUTOMOBILE FOR THE DISTANCE INVOLVED.

BY TRAVEL AUTHORIZATION DATED JANUARY 14, 1955, MR. DANN A. FOSHER WAS DIRECTED TO PROCEED FROM CASPER, WYOMING, HIS OFFICIAL DUTY STATION, TO GLENROCK, WYOMING, FOR PERMANENT DUTY. THE TRAVEL AUTHORIZATION AUTHORIZED TRANSPORTATION OF HIS HOUSEHOLD GOODS. THE FAY PEEBLES TRAILER SALES WAS ENGAGED BY THE EMPLOYEE TO HAUL HIS HOUSE TRAILER, CONTAINING HIS HOUSEHOLD GOODS, FROM THE OLD TO THE NEW DUTY STATION. THE EMPLOYEE REQUESTS PAYMENT FOR SHIPMENT OF 2,760 POUNDS OF HOUSEHOLD GOODS. STATES THAT IN COMPUTING THE ACTUAL WEIGHT OF THE HOUSEHOLD GOODS HAULED IN THE HOUSE TRAILER THE TRAILER WAS WEIGHED LOADED AND THERE WAS DEDUCTED FROM THAT WEIGHT THE WEIGHT OF THE EMPTY TRAILER AS SHOWN ON THE CERTIFICATE OF TITLE. NO INFORMATION HAS BEEN FURNISHED SHOWING WHETHER THE WEIGHT FIGURE ON THE CERTIFICATE OF TITLE INCLUDES ALL ITEMS WHICH ARE AN INTEGRAL PART OF THE TRAILER. A STATEMENT FROM THE FAY PEEBLES TRAILER SALES SHOWS THAT THE COST OF TOWING THE LOADED TRAILER FROM CASPER TO GLENROCK WAS $12.50 AND THE COST OF MOVING THE TRAILER EMPTY THE SAME DISTANCE WOULD HAVE BEEN $10. IT IS STATED THAT MR. FOSHER WILL BE ALLOWED MILEAGE FOR USE OF HIS PRIVATELY OWNED AUTOMOBILE IN TRAVELING BETWEEN THE POINTS INVOLVED.

THE PROVISION FOR REIMBURSEMENT FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ON A COMMUTED BASIS INCIDENT TO CHANGE OF OFFICIAL STATION IS CONTAINED IN SECTION 1(B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND SECTION 12(A) OF EXECUTIVE ORDER NO. 9805, AS AMENDED. THAT SECTION OF THE EXECUTIVE ORDER PROVIDES THAT "THE AMOUNT PAYABLE SHALL BE THE PRODUCT OF THE APPLICABLE RATE AND THE NET WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS ACTUALLY TRANSPORTED." BY DECISION OF SEPTEMBER 14, 1954, B 120929, WE HELD THAT THOSE ITEMS WHICH ARE FASTENED SO AS TO BECOME AN INTEGRAL PART OF A HOUSE TRAILER MAY NOT BE CONSIDERED AS FALLING WITHIN THE TERMS "HOUSEHOLD GOODS" OR "PERSONAL EFFECTS" AS USED IN EXECUTIVE ORDER NO. 9805.

SINCE IT IS SHOWN THAT ADDITIONAL COST WAS INCURRED AS A DIRECT RESULT OF THE HOUSEHOLD GOODS BEING HAULED IN A RENTED TRAILER AND IN A PRIVATELY OWNED HOUSE TRAILER PAYMENT ON A COMMUTED BASIS IS PROPER. SEE 32 COMP. GEN. 541; ID. 321; ID. 286; 34 ID. 29. THE DECISIONS PUBLISHED IN 32 COMP. GEN. 451; ID. 367, ARE NOT CONTROLLING HERE SINCE, AS STATED IN YOUR LETTER, THEY INVOLVED SITUATIONS WHERE THE PRESENCE OF THE HOUSEHOLD GOODS IN THE HOUSE TRAILER DID NOT INCREASE THE COST OF TRANSPORTING THE TRAILER.

ACCORDINGLY, THE VOUCHER IN FAVOR OF MR. DUDLEY MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT. IN THE CASE OF MR. FOSHER, HOWEVER, CERTIFICATION FOR PAYMENT OF THE HOUSEHOLD GOODS ITEM IS NOT AUTHORIZED IN THE ABSENCE OF EVIDENCE SHOWING THAT THE WEIGHT USED ON THE VOUCHER DOES NOT INCLUDE ITEMS WHICH ARE AN INTEGRAL PART OF THE HOUSE TRAILER.

THE VOUCHERS ARE RETURNED.