B-163401, FEB. 27, 1968

B-163401: Feb 27, 1968

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A-56 THE ONLY ATTORNEY FEE THAT MAY BE ALLOWED IS FEE FOR SEARCHING TITLE AND PREPARING DEEDS AND OTHER ESSENTIAL INSTRUMENTS. WHICH WAS EFFECTIVE IN SEPTEMBER 1967. BECAUSE HE WAS NO LONGER IN THE AREA OF HIS OLD STATION WHEN THE SALE OF HIS RESIDENCE WAS CONSUMMATED MR. WE HAVE HELD THAT THE FEE PAID BY AN EMPLOYEE TO RETAIN AN ATTORNEY TO REPRESENT AND COUNSEL HIM IN CONNECTION WITH THE SALE OR PURCHASE OF A RESIDENCE IS NOT PROPERLY REIMBURSABLE UNDER THE PROVISIONS OF THE CITED LAW AND REGULATION. THE ATTORNEY FEE FOR WHICH REIMBURSEMENT IS AUTHORIZED BY SECTION 4.2 (C) OF CIRCULAR NO. IS THE FEE WHICH MAY BE CHARGED FOR SEARCHING TITLE AND PREPARING DEEDS AND OTHER ESSENTIAL INSTRUMENTS OR CONTRACTS IN CONNECTION WITH THE SALE OR PURCHASE OF A RESIDENCE.

B-163401, FEB. 27, 1968

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - ATTORNEY'S FEES DECISION TO CERTIFYING OFFICER OF THE BUREAU OF MINES ADVISING THAT VOUCHER FOR ATTORNEYS FEE PAID BY TRANSFERRED EMPLOYEE INCIDENT TO SALE OF RESIDENCE MAY NOT BE CERTIFIED FOR PAYMENT. EMPLOYEE WHO RETAINED AN ATTORNEY TO REPRESENT HIM IN SALE OF HIS RESIDENCE AT FORMER STATION MAY NOT BE REIMBURSED FOR SUCH ATTORNEY'S FEE SINCE UNDER SEC. 4.2 (C) OF BOB CIR. A-56 THE ONLY ATTORNEY FEE THAT MAY BE ALLOWED IS FEE FOR SEARCHING TITLE AND PREPARING DEEDS AND OTHER ESSENTIAL INSTRUMENTS. B-162858, 12/5/67, B-161891, 8/21/67.

TO MRS. JEANNETTE B. WILBANKS:

WE REFER TO YOUR LETTER OF JANUARY 22, 1968, BY WHICH YOU REQUEST OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT A VOUCHER (COPY ENCLOSED) TO REIMBURSE MR. ANTHONY J. BARRY, AN EMPLOYEE OF THE BUREAU OF MINES, UNITED STATES DEPARTMENT OF THE INTERIOR, THE ATTORNEY FEE OF $115 HE PAID IN CONNECTION WITH THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION INCIDENT TO HIS TRANSFER FROM PITTSBURGH, PENNSYLVANIA, TO DENVER, COLORADO, WHICH WAS EFFECTIVE IN SEPTEMBER 1967.

MR. BARRY SOLD HIS RESIDENCE IN THE VICINITY OF HIS OLD OFFICIAL STATION IN DECEMBER 1967, OR APPROXIMATELY 3 MONTHS AFTER HE HAD TRANSFERRED TO HIS NEW OFFICIAL STATION. BECAUSE HE WAS NO LONGER IN THE AREA OF HIS OLD STATION WHEN THE SALE OF HIS RESIDENCE WAS CONSUMMATED MR. BARRY RETAINED AN ATTORNEY TO REPRESENT HIM. HE CLAIMS REIMBURSEMENT OF THE FEE HE PAID TO THAT ATTORNEY UNDER THE PROVISIONS OF 5 U.S.C. 5724A (A) (4) AND SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

WE HAVE HELD THAT THE FEE PAID BY AN EMPLOYEE TO RETAIN AN ATTORNEY TO REPRESENT AND COUNSEL HIM IN CONNECTION WITH THE SALE OR PURCHASE OF A RESIDENCE IS NOT PROPERLY REIMBURSABLE UNDER THE PROVISIONS OF THE CITED LAW AND REGULATION. B-162858, DECEMBER 5, 1967; B-161891, AUGUST 21, 1967, COPIES ENCLOSED. THE ATTORNEY FEE FOR WHICH REIMBURSEMENT IS AUTHORIZED BY SECTION 4.2 (C) OF CIRCULAR NO. A-56, IS THE FEE WHICH MAY BE CHARGED FOR SEARCHING TITLE AND PREPARING DEEDS AND OTHER ESSENTIAL INSTRUMENTS OR CONTRACTS IN CONNECTION WITH THE SALE OR PURCHASE OF A RESIDENCE.

UNDER THE FACTS PRESENTED MR. BARRY SHOULD NOT BE REIMBURSED THE$115 ATTORNEY FEE WHICH HE PAID IN CONNECTION WITH THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION.