B-147128, SEP. 28, 1961
Highlights
WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED JULY 13. YOU WERE TRANSFERRED FROM BANGKOK. THE ESTABLISHED RULE IS THAT ONLY THOSE TRANSPORTATION EXPENSES INCURRED AFTER ACQUISITION OF TITLE BY AN EMPLOYEE TO AN AUTOMOBILE PURCHASED EN ROUTE TO OR WITHIN THE PRESCRIBED TIME AFTER ARRIVAL AT A NEW POST ARE PAYABLE BY THE GOVERNMENT. 10 COMP. YOUR CLAIM WAS DISALLOWED UPON THE GROUND STATED IN ICA MANUAL ORDER NO. 562.1. AS FOLLOWS: "THE COST OF TRANSPORTING ASSEMBLED AUTOMOBILES (NEW) IS ALLOWABLE ONLY WHEN SHIPPED F.O.B. FREIGHT CHARGES INCURRED BY DEALER AND INCLUDED ON DEALER'S INVOICE COVERING SALE OF AUTOMOBILE TO EMPLOYEE) ARE NOT ALLOWABLE SINCE OWNERSHIP OF THE VEHICLE IN SUCH CASES WOULD BE VESTED IN THE DEALER OR MANUFACTURER AT TIME OF SHIPMENT.'.
B-147128, SEP. 28, 1961
TO MR. J. OTIS GARBER, CHIEF, TECHNICAL SERVICES DIVISION, OPERATIONS MISSION TO TUNISIA:
ON AUGUST 17, 1961, YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF THE TRANSPORTATION CHARGES ON A NEW AUTOMOBILE ORDERED FROM THE PEUGEOT COMPANY, PARIS, FRANCE, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED JULY 13, 1961.
YOU WERE TRANSFERRED FROM BANGKOK, THAILAND, TO TUNIS, TUNISIA, BY AUTHORIZATION ICA-1-P-1221, DATED OCTOBER 7, 1960, WHICH AUTHORIZED SHIPMENT OF AN AUTOMOBILE FROM BANGKOK TO TUNIS.
YOU ORDERED THE AUTOMOBILE IN QUESTION AFTER YOUR ARRIVAL IN TUNIS THROUGH THE SOCIETE TUNISIENNE AUTOMOBILE FINANCIERE IMMOBILIERE ET MARITIME (S.T.A.F.I.M.). THE PEUGEOT COMPANY SHIPPED THE AUTOMOBILE ON NOVEMBER 20, 1960, BY A FRENCH VESSEL FROM MARSEILLE TO S.T.A.F.I.M. IN TUNIS FOR DELIVERY TO YOU.
THE ESTABLISHED RULE IS THAT ONLY THOSE TRANSPORTATION EXPENSES INCURRED AFTER ACQUISITION OF TITLE BY AN EMPLOYEE TO AN AUTOMOBILE PURCHASED EN ROUTE TO OR WITHIN THE PRESCRIBED TIME AFTER ARRIVAL AT A NEW POST ARE PAYABLE BY THE GOVERNMENT. 10 COMP. GEN. 268.
YOUR CLAIM WAS DISALLOWED UPON THE GROUND STATED IN ICA MANUAL ORDER NO. 562.1, PARAGRAPH IV, SUBPARAGRAPH D, AUGUST 24, 1960, AS FOLLOWS:
"THE COST OF TRANSPORTING ASSEMBLED AUTOMOBILES (NEW) IS ALLOWABLE ONLY WHEN SHIPPED F.O.B. FACTORY OR ASSEMBLY PLANT OR OTHER VENDOR TO AUTHORIZED DESTINATION, CONSIGNED TO THE EMPLOYEE OR MEMBER OF HIS FAMILY, OR HIS AGENT. TRANSPORTATION CHARGES ON ASSEMBLED AUTOMOBILES CONSIGNED TO DEALERS OR TO MANUFACTURERS' AGENTS FOR DELIVERY TO EMPLOYEES AT AUTHORIZED DESTINATION (E.G., FREIGHT CHARGES INCURRED BY DEALER AND INCLUDED ON DEALER'S INVOICE COVERING SALE OF AUTOMOBILE TO EMPLOYEE) ARE NOT ALLOWABLE SINCE OWNERSHIP OF THE VEHICLE IN SUCH CASES WOULD BE VESTED IN THE DEALER OR MANUFACTURER AT TIME OF SHIPMENT.'
YOU SAY THAT YOU HAD BEEN ASSURED BY S.T.A.F.I.M. THAT THE CAR WOULD BE ORDERED IN YOUR NAME AND BILLED ON THE BILL OF LADING IN YOUR NAME. YOUR POSITION IS THAT SINCE THE LOCAL COMPANY VIOLATED ITS PROMISE TO YOU, YOU SHOULD NOT BE PENALIZED AS A RESULT THEREOF.
THE FACT THAT YOU WERE UNSUCCESSFUL IN ACQUIRING TITLE TO THE AUTOMOBILE PRIOR TO ITS ARRIVAL IN TUNIS PLACES NO OBLIGATION ON THE GOVERNMENT TO PAY TRANSPORTATION CHARGES ON AN AUTOMOBILE NOT OWNED BY YOU. AUTHORITY EXISTS FOR REIMBURSEMENT OF TRANSPORTATION CHARGES CONSTITUTING A PART OF THE PURCHASE PRICE. 10 COMP. GEN. 268, 270.