B-162835, DEC. 21, 1967

B-162835: Dec 21, 1967

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DOCUMENTARY STAMPS AND RECORDING FEES INCIDENT TO PURCHASE OF HOME AT NEW STATION WHICH COSTS ARE SHOWN BY THE CONTRACT OF SALE AND THE SELLER'S STATEMENT TO BE INCLUDED IN THE SELLING PRICE MAY NOT HAVE SUCH COSTS CONSIDERED UNDER 5 U.S.C. 5724A OR THE REGULATIONS ISSUED THEREUNDER. THE QUESTIONED AMOUNT IN THE VOUCHER IS UNDERSTOOD TO BE COMPRISED OF ITEMS OF EXPENSE CUSTOMARILY INCURRED BY A PURCHASER OF RESIDENTIAL HOUSING. IN THE INSTANT CASE THE ITEMS IN QUESTION ARE SHOWN BY THE CONTRACT OF SALE AND BY THE SELLER'S CLOSING STATEMENT. WE CONSIDERED AN ANALOGOUS SITUATION AND CONCLUDED THAT THERE WAS NO PROPER BASIS UNDER THE LAW AND REGULATIONS FOR TREATING ANY PART OF THE SELLING PRICE.

B-162835, DEC. 21, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - HOME SALE/PURCHASE EXPENSES DECISION TO ACCOUNTABLE OFFICER OF CORPS OF ENGINEERS CONCERNING PAYMENT FOR EXPENSES INCURRED BY EMPLOYEE IN PURCHASE OF RESIDENCE AT NEW STATION. EMPLOYEE WHO CLAIMS AMOUNT REPRESENTING TITLE INSURANCE, ATTORNEY'S FEE, CREDIT REPORT, DOCUMENTARY STAMPS AND RECORDING FEES INCIDENT TO PURCHASE OF HOME AT NEW STATION WHICH COSTS ARE SHOWN BY THE CONTRACT OF SALE AND THE SELLER'S STATEMENT TO BE INCLUDED IN THE SELLING PRICE MAY NOT HAVE SUCH COSTS CONSIDERED UNDER 5 U.S.C. 5724A OR THE REGULATIONS ISSUED THEREUNDER, THEREFORE REIMBURSEMENT MAY NOT BE AUTHORIZED. AN ITEM OF EXPENSE INCURRED BY THE EMPLOYEE INCIDENT TO THE SALE AT HIS OLD STATION MAY BE ALLOWED.

TO MR. F. HYLIAH EVANS:

YOUR LETTER OF JULY 25, 1967, REFERENCE SACCF, WITH ENCLOSED VOUCHER FOR $397.75 IN FAVOR OF MR. MELVIN T. HEFTER, A CIVILIAN EMPLOYEE OF THE CORPS OF ENGINEERS, REQUESTS OUR DECISION WHETHER $369.33 OF THE VOUCHERED AMOUNT LAWFULLY MAY BE PAID.

THE QUESTIONED AMOUNT IN THE VOUCHER IS UNDERSTOOD TO BE COMPRISED OF ITEMS OF EXPENSE CUSTOMARILY INCURRED BY A PURCHASER OF RESIDENTIAL HOUSING, VIZ, TITLE INSURANCE, ATTORNEY'S FEES, CREDIT REPORT AND APPRAISAL FEE, OVER AND ABOVE THE SELLING PRICE OF THE REALTY.

IN THE INSTANT CASE THE ITEMS IN QUESTION ARE SHOWN BY THE CONTRACT OF SALE AND BY THE SELLER'S CLOSING STATEMENT--THE LATTER FURNISHED BY ATICO FINANCIAL CORPORATION--TO BE INCLUDED IN THE SELLING PRICE OF THE PROPERTY.

IN OUR DECISION OF APRIL 13, 1967, B-161110, COPY HEREWITH, WE CONSIDERED AN ANALOGOUS SITUATION AND CONCLUDED THAT THERE WAS NO PROPER BASIS UNDER THE LAW AND REGULATIONS FOR TREATING ANY PART OF THE SELLING PRICE--IN THIS CASE $17,300--AS OTHER THAN THE SALE PRICE OF THE REALTY IRRESPECTIVE OF THE ELEMENTS WHICH MIGHT BE CONSIDERED IN ESTABLISHING THAT PRICE.

THUS, WE MUST HOLD THAT SO FAR AS THE QUESTIONED ITEMS ARE CONCERNED THE CASE DOES NOT FALL WITHIN THE PURVIEW OF 5 U.S.C. 5724A OR THE REGULATIONS ISSUED THEREUNDER. THEREFORE, THE VOUCHER ENCLOSED WITH YOUR LETTER AND WHICH IS RETURNED HEREWITH MAY BE PAID ONLY IN THE AMOUNT OF $28.42 REPRESENTING AN ITEM OF EXPENSE INCURRED BY EMPLOYEE INCIDENT TO THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION.