B-124698, SEP. 6, 1955

B-124698: Sep 6, 1955

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INTERNAL REVENUE SERVICE: REFERENCE IS MADE TO YOUR LETTER OF JULY 14. BERRY WAS TRANSFERRED FROM ATLANTA. WHICH WAS ISSUED PURSUANT TO SUCH TRANSFER. WERE SHIPPED FROM ATLANTA TO LOUVALE. BERRY HAD BEEN SEPARATED SINCE JANUARY 1955 PENDING A DIVORCE AND THAT THE HOUSEHOLD GOODS WERE BEING RETURNED TO THE HOME OF MRS. STATES SPECIFICALLY THAT "THIS SHIPMENT WAS NOT OF MY POSSESSIONS" AND THAT THE HOUSEHOLD GOODS BELONG TO MRS. A CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT IS AUTHORIZED UNDER SECTION 1/A) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. TO HAVE "HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS" TRANSPORTED AT GOVERNMENT EXPENSE. THERE IS NO AUTHORITY FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS WHICH ARE NOT THE PROPERTY OF THE TRANSFERRED EMPLOYEE.

B-124698, SEP. 6, 1955

TO MR. WILLIAM E. WALDEN, AUTHORIZED CERTIFYING OFFICER, INTERNAL REVENUE SERVICE:

REFERENCE IS MADE TO YOUR LETTER OF JULY 14, 1955, REFERENCE ATL:AD: FM, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A TRANSMITTED VOUCHER IN FAVOR OF MR. JACK C. BERRY, AN EMPLOYEE OF THE ALCOHOL AND TOBACCO TAX DIVISION, INTERNAL REVENUE SERVICE, SWAINSBORO, GEORGIA, FOR THE TRANSPORTATION OF HOUSEHOLD GOODS.

MR. BERRY WAS TRANSFERRED FROM ATLANTA, GEORGIA, TO SWAINSBORO EFFECTIVE APRIL 24, 1955. ON THE BASIS OF TRAVEL AUTHORIZATION RC-ATL 55-171 DATED APRIL 14, 1955, WHICH WAS ISSUED PURSUANT TO SUCH TRANSFER, HOUSEHOLD GOODS BELONGING TO MRS. EMMIE B. BERRY, THE ESTRANGED WIFE OF THE EMPLOYEE, WERE SHIPPED FROM ATLANTA TO LOUVALE, GEORGIA, ON MAY 30, 1955. IT APPEARS THAT MR. AND MRS. BERRY HAD BEEN SEPARATED SINCE JANUARY 1955 PENDING A DIVORCE AND THAT THE HOUSEHOLD GOODS WERE BEING RETURNED TO THE HOME OF MRS. BERRY. MR. BERRY, IN A MEMORANDUM DATED JUNE 23, 1955, TRANSMITTED WITH YOUR LETTER, STATES SPECIFICALLY THAT "THIS SHIPMENT WAS NOT OF MY POSSESSIONS" AND THAT THE HOUSEHOLD GOODS BELONG TO MRS. BERRY.

WHEN TRANSFERRED FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY, A CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT IS AUTHORIZED UNDER SECTION 1/A) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, U.S.C. 73B-1, AND EXECUTIVE ORDER 9805 PROMULGATED THEREUNDER, TO HAVE "HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS" TRANSPORTED AT GOVERNMENT EXPENSE. THERE IS NO AUTHORITY FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS WHICH ARE NOT THE PROPERTY OF THE TRANSFERRED EMPLOYEE.

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