B-164197, OCT. 24, 1968

B-164197, OCT. 24, 1968

TO MR. DIXIE H. TOMPKINS:

WE REFER TO YOUR LETTER OF SEPTEMBER 14, 1968, BY WHICH YOU REQUEST RECONSIDERATION OF THE SETTLEMENT OF THIS OFFICE DATED JULY 8, 1968, TO THE EXTENT THAT YOUR CLAIM FOR REIMBURSEMENT OF CERTAIN EXPENSES YOU INCURRED INCIDENT TO YOUR TRANSFER FROM FORT MONROE, VIRGINIA, TO FORT EUSTIS, VIRGINIA, IN JANUARY 1968 WAS NOT ALLOWED IN ITS ENTIRETY.

WE HAVE DETERMINED THAT YOU ARE ENTITLED TO REIMBURSEMENT OF OTHERWISE ALLOWABLE EXPENSES INCIDENT TO THE CHANGE OF STATION IN QUESTION EVEN THOUGH THE TWO OFFICIAL STATIONS INVOLVED WERE IN THE SAME AREA BECAUSE OF THE UNUSUAL CIRCUMSTANCES INVOLVED. ON THE BASIS OF THE INFORMATION PRESENTED, YOU WERE REIMBURSED AT THE COMMUTED RATE FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS, PAID A MISCELLANEOUS EXPENSE ALLOWANCE AND REIMBURSED THE BROKER'S FEE YOU PAID IN CONNECTION WITH THE SALE OF YOUR RESIDENCE IN NEWPORT NEWS, VIRGINIA. YOU WERE NOT REIMBURSED THE OTHER EXPENSES YOU INCURRED IN THE SALE OF THAT RESIDENCE OR THE EXPENSES YOU INCURRED IN PURCHASING A RESIDENCE IN HAMPTON, VIRGINIA, BECAUSE EVIDENCE HAD NOT BEEN SUBMITTED TO SHOW WHICH PARTY -- BUYER OR SELLER -- CUSTOMARILY PAYS SPECIFIC ITEMS OF CLOSING COSTS IN THE AREA INVOLVED.

ON THE BASIS OF THE ADDITIONAL INFORMATION FURNISHED WITH YOUR LETTER OF SEPTEMBER 14, WE HAVE DETERMINED THAT YOU NOW MAY BE ALLOWED THE ADDITIONAL GROSS AMOUNT OF $167.95. THAT AMOUNT IS TO REIMBURSE EXPENSES YOU INCURRED IN CONNECTION WITH THE SALE OF YOUR RESIDENCE FOR PREPARATION OF DEED ($35) AND REVENUE STAMPS ($2.75), AND EXPENSES YOU INCURRED IN CONNECTION WITH THE PURCHASE OF A RESIDENCE FOR RECORDATION OF DEED ($55.20), TRANSFER OF MORTGAGE ($25) AND CLOSING FEE ($50). YOU MAY NOT BE REIMBURSED THE DEED RECORDING FEE ($50.80) OR THE MORTGAGE TRANSFER FEE ($35) YOU PAID IN CONNECTION WITH THE SALE OF YOUR RESIDENCE BECAUSE THOSE ITEMS OF COST ARE CUSTOMARILY PAID BY THE BUYER IN THE AREA INVOLVED AND BECAUSE REIMBURSEMENT IS NOT AUTHORIZED FOR SIMILAR ITEMS OF COST IN CONNECTION WITH BOTH SALE AND PURCHASE OF RESIDENCES. SEE SECTIONS 4.2C AND D OF BUREAU OF THE BUDGET CIRCULAR NO. A-56. ALSO, BECAUSE SIMILAR FEES MAY NOT BE REIMBURSED IN CONNECTION WITH BOTH TRANSACTIONS, YOU MAY NOT BE REIMBURSED THE CLOSING FEE ($25) YOU PAID IN CONNECTION WITH THE SALE OF YOUR RESIDENCE OR THE FEES YOU PAID FOR PREPARATION OF A DEED ($20) OR REVENUE STAMPS ($1.10) IN CONNECTION WITH THE PURCHASE OF A RESIDENCE. YOU HAVE FURNISHED NO EVIDENCE THAT YOU PAID THE $6.50 CREDIT REPORT FEE WHICH YOU CLAIM IN CONNECTION WITH THE SALE OF YOUR RESIDENCE. THEREFORE UPON THE PRESENT RECORD, REIMBURSEMENT OF THAT ITEM MAY NOT BE ALLOWED. FINALLY, THE ESCROW ACCOUNT OF $249.41 LISTED IN CONNECTION WITH THE SALE OF YOUR RESIDENCE WAS APPARENTLY CREDITED TO THE PURCHASER OF THAT RESIDENCE AS YOUR SHARE OF TAXES AND INSURANCE FOR THE PERIOD YOU OWNED THAT RESIDENCE. YOUR CLAIM FOR REIMBURSEMENT OF THAT AMOUNT IS NOT ALLOWED BECAUSE SECTION 4.2D OF CIRCULAR NO. A-56 PROHIBITS REIMBURSEMENT OF AMOUNTS PAID FOR PROPERTY TAXES AND INSURANCE AGAINST DAMAGE AND LOSS OF PROPERTY.

REGARDING YOUR CLAIM FOR REIMBURSEMENT OF COSTS OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS, WE HAVE NOT RECEIVED ANY PRIOR CLAIM FROM YOU FOR SUCH REIMBURSEMENT. YOUR CLAIM AS FORWARDED TO US BY THE DEPARTMENT OF THE ARMY CONSISTED ONLY OF THE ITEMS PREVIOUSLY ALLOWED AND THOSE DISCUSSED ABOVE. UPON PRESENTATION OF EVIDENCE OF ACTUAL SUBSISTENCE EXPENSES INCURRED WHILE OCCUPYING TEMPORARY QUARTERS, WE WILL CONSIDER YOUR ENTITLEMENT TO ADDITIONAL REIMBURSEMENT THEREFOR UNDER THE PROVISIONS OF SECTION 2.5 OF CIRCULAR NO. A-56.