B-161865, JUN 19, 1967

B-161865: Jun 19, 1967

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PA-Z-2345595-MHH-1: THE COMPTROLLER GENERAL: HEREWITH IS THE FILE RELATIVE TO THE CLAIM OF EDGAR E. THE SALE OF A RESIDENCE AT HIS OLD OFFICIAL STATION IS NOT INVOLVED. MORLAN WAS AUTHORIZED TO TRAVEL FROM KANSAS CITY. TEMPORARY STORAGE OF HOUSEHOLD GOODS WAS AUTHORIZED. HE WAS AUTHORIZED TEMPORARY LODGING ALLOWANCE. HIS CLAIM FOR REIMBURSEMENT FOR A CREDIT REPORT COST OF $50.00 AND FOR A MISCELLANEOUS COST (APPLICATION FEE) WAS CONSIDERED DOUBTFUL BY THE ADMINISTRATIVE OFFICE FOR THE REASON THAT THE EXPENSES INCURRED WERE IN CONNECTION WITH THE PURCHASE OF NINETY (90) SHARES IN THE NETHERLANDS COOPERATIVE ASSOCATION. THE REGULATIONS GOVERNING THE PAYMENT FOR EXPENSES INCURRED IN CONNECTION WITH REAL ESTATE TRANSACTIONS ARE CONTAINED IN SECTION 4 OF CIRCULAR A- 56.

B-161865, JUN 19, 1967

CLAIMS DIVISION, PA-Z-2345595-MHH-1:

THE COMPTROLLER GENERAL:

HEREWITH IS THE FILE RELATIVE TO THE CLAIM OF EDGAR E. MORLAN FOR $60.00, ALLEGED TO BE DUE AS REIMBURSEMENT FOR EXPENSES INCURRED IN CONNECTION WITH THE PURCHASE OF A RESIDENCE AT HIS NEW OFFICIAL STATION, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, GRAVELLY POINT, VIRGINIA. THE SALE OF A RESIDENCE AT HIS OLD OFFICIAL STATION IS NOT INVOLVED.

BY TRAVEL ORDER NO. AMC 10-523, DATED OCTOBER 18, 1966, MR. MORLAN WAS AUTHORIZED TO TRAVEL FROM KANSAS CITY, MISSOURI, TO UNITED STATES ARMY MATERIEL COMMAND, GRAVELLY POINT, VIRGINIA. TEMPORARY STORAGE OF HOUSEHOLD GOODS WAS AUTHORIZED. BY AMENDMENT DATED FEBRUARY 13, 1967, CONFIRMING VERBAL ORDERS OF FEBRUARY 10, 1967, HE WAS AUTHORIZED TEMPORARY LODGING ALLOWANCE. MR. MORLAN SIGNED AN AGREEMENT ON JANUARY 30, 1967, TO REMAIN IN THE EMPLOYMENT OF THE DEPARTMENT OF THE ARMY FOR A PERIOD OF AT LEAST TWELVE MONTHS AS SPECIFIED IN SECTION 1.3C(1) OF BUREAU OF THE BUDGET CIRCULAR A-56, DATED OCTOBER 12, 1966. HIS CLAIM FOR REIMBURSEMENT FOR A CREDIT REPORT COST OF $50.00 AND FOR A MISCELLANEOUS COST (APPLICATION FEE) WAS CONSIDERED DOUBTFUL BY THE ADMINISTRATIVE OFFICE FOR THE REASON THAT THE EXPENSES INCURRED WERE IN CONNECTION WITH THE PURCHASE OF NINETY (90) SHARES IN THE NETHERLANDS COOPERATIVE ASSOCATION.

THE REGULATIONS GOVERNING THE PAYMENT FOR EXPENSES INCURRED IN CONNECTION WITH REAL ESTATE TRANSACTIONS ARE CONTAINED IN SECTION 4 OF CIRCULAR A- 56. MR. MORLAN HAS FURNISHED A PURCHASE AGREEMENT EXECUTED BY THE BUYER AND SELLER CONCERNING THE PURCHASE AND SALE OF APARTMENT IN THE NETHERLANDS COOPERATIVE ASSOCIATION AT 1852 COLUMBIA ROAD, N. W., WASHINGTON, D. C., A "SETTLEMENT SHEET", AND A CERTIFICATE SHOWING THAT HE PAID THE FEE OF $10.00. HOWEVER, HE HAS NOT FURNISHED EVIDENCE OF PAYMENT OF THE $50.00 CREDIT REPORT BILL, AS REQUIRED BY SECTION 4.3A.

ITEM 13 OF THE ABOVE MENTIONED AGREEMENT STATES THAT THE APARTMENT IS REPRESENTED BY NINETY (90) SHARES. IN VIEW OF THE DOUBT CONCERNING THE REIMBURSEMENT OF COSTS INCURRED IN A TRANSACTION OF THIS NATURE, THE MATTER IS SUBMITTED FOR YOUR CONSIDERATION AND INSTRUCTIONS.

INDORSEMENT, JULY 17, 1967

DIRECTOR, CLAIMS DIVISION

RETURNED. FROM THE SETTLEMENT SHEET IN THE FILES IT APPEARS THAT THE CLAIMANT PURCHASED AN INTEREST IN REAL ESTATE, I.E., AN APARTMENT IN A COOPERATIVE APARTMENT BUILDING. WHETHER THE CLAIMANT ACQUIRED A FEE SIMPLE INTEREST OR AN EQUITABLE INTEREST EVIDENCED BY HIS PURCHASE OF STOCK IN THE COOPERATIVE, HIS CASE WOULD APPEAR TO FALL WITHIN THE PURVIEW OF SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR CITED IN YOUR MEMORANDUM. SEE SECTION 4.1B.

UPON RECEIPT OF EVIDENCE OF THE PAYMENT BY THE CLAIMANT OF THE $50 ITEM AS REQUIRED BY SECTION 4.3A, THE CLAIM MAY BE ALLOWED.