B-165747, JAN. 7, 1969

B-165747: Jan 7, 1969

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IN CONNECTION WITH THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION INCIDENT TO HIS TRANSFER WHICH WAS EFFECTIVE IN MAY 1968. MURRAY IS NOT A LICENSED REAL ESTATE BROKER IN VERMONT. AS SUCH WAS PROHIBITED BY THE LAWS OF VERMONT FROM ENGAGING IN THE SALE OF REAL PROPERTY. MURRAY WERE OWNERS OF THE PROPERTY SOLD. PAYMENT OF THE AMOUNT IN QUESTION APPEARS TO HAVE BEEN A VOLUNTARY ACT ON THE PART OF THE EMPLOYEE.

B-165747, JAN. 7, 1969

TO MR. RICHARD J. JUNGHANS:

WE REFER TO YOUR LETTERS OF NOVEMBER 26, 1968, AND DECEMBER 20, 1968, YOUR REFERENCE PER-5-FM, CONCERNING THE CLAIM OF MR. ROBERT J. MURRAY, AN EMPLOYEE OF THE BUREAU OF CUSTOMS, TREASURY DEPARTMENT, FOR REIMBURSEMENT OF $500.07 HE PAID HIS FORMER WIFE, MARY B. MURRAY, IN CONNECTION WITH THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION INCIDENT TO HIS TRANSFER WHICH WAS EFFECTIVE IN MAY 1968.

YOU QUESTION WHETHER THE CLAIM MAY BE PAID UNDER SECTION 4.2A OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 BECAUSE MRS. MURRAY IS NOT A LICENSED REAL ESTATE BROKER IN VERMONT, THE LOCATION OF THE OLD OFFICIAL STATION, AND AS SUCH WAS PROHIBITED BY THE LAWS OF VERMONT FROM ENGAGING IN THE SALE OF REAL PROPERTY. WE NOTE ALSO THAT MARY B. MURRAY AND ROBERT J. MURRAY WERE OWNERS OF THE PROPERTY SOLD.

IN THE CIRCUMSTANCES WE DO NOT BELIEVE THAT THE $500.07 PAID BY MR. MURRAY TO HIS FORMER WIFE MAY BE CONSIDERED A REAL ESTATE COMMISSION OR A BROKER'S FEE SO AS TO BE PROPERLY REIMBURSABLE UNDER 4.2A OF CIRCULAR NO. A-56. PAYMENT OF THE AMOUNT IN QUESTION APPEARS TO HAVE BEEN A VOLUNTARY ACT ON THE PART OF THE EMPLOYEE, NOT A LEGALLY ENFORCEABLE DEBT ARISING OUT OF SERVICES PERFORMED BY MRS. MURRAY IN CONNECTION WITH THE SALE OF THE RESIDENCE IN QUESTION.

THEREFORE, YOU MAY NOT PROPERLY CERTIFY FOR PAYMENT A VOUCHER TO REIMBURSE MR. MURRAY THE SUM HE PAID HIS FORMER WIFE FOR ACTING IN HIS BEHALF IN SELLING THE RESIDENCE AT HIS OLD DUTY STATION.