B-168318, DEC. 10, 1969

B-168318: Dec 10, 1969

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A-56) WAS APPARENTLY SATISFIED. WOULD NOT HAVE EXPIRED UNTIL END OF JULY 8. CLOSING STATEMENT IS DATED JULY 8. ALL ADJUSTABLE ITEMS WERE PRORATED AS OF JULY 7. $15 TITLE POLICY FEE AND $6.50 FOR ILLINOIS REVENUE STAMPS ARE ITEMS ORDINARILY PAID FOR BY PURCHASER AND MAY ONLY BE REIMBURSED TO SELLER UPON DETERMINATION THAT SIMILAR FEES ARE CUSTOMARILY PAID BY SELLER IN AREA CONCERNED. REPRESENTING CERTAIN REAL ESTATE EXPENSES THAT WERE ADMINISTRATIVELY SUSPENDED FROM HIS PREVIOUS VOUCHER RELATING TO THE CLOSING OF THE SALE OF HIS RESIDENCE AT PEORIA. YOUR LETTER INDICATE THAT REAL ESTATE EXPENSES WERE SUSPENDED BECAUSE THE SETTLEMENT DATE OF THE SALE WAS BEYOND THE 1-YEAR LIMITATION SPECIFIED IN SUBSECTION 4.1D.

B-168318, DEC. 10, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--"SETTLEMENT DATE" LIMITATION ON PROPERTY TRANSACTIONS REGARDING CLAIM FOR EXPENSES OF $1,061.50 RELATING TO CLOSING OF SALE OF EMPLOYEE'S RESIDENCE INCIDENT TO TRANSFER OF OFFICIAL STATION, 1-YEAR REQUIREMENT (BUREAU OF BUDGET CIR. NO. A-56) WAS APPARENTLY SATISFIED, AS EMPLOYEE TRAVELED TO NEW STATION JULY 7, 1968 AND PRESUMABLY REPORTED FOR DUTY JULY 8; 1-YEAR PERIOD AFTER THAT DATE -- EXCLUDING THAT DATE -- WOULD NOT HAVE EXPIRED UNTIL END OF JULY 8, 1969; AND, CLOSING STATEMENT IS DATED JULY 8, 1969, AND ALL ADJUSTABLE ITEMS WERE PRORATED AS OF JULY 7, 1969 THEREFORE THAT PORTION OF CLAIM MAY BE PAID; HOWEVER, $15 TITLE POLICY FEE AND $6.50 FOR ILLINOIS REVENUE STAMPS ARE ITEMS ORDINARILY PAID FOR BY PURCHASER AND MAY ONLY BE REIMBURSED TO SELLER UPON DETERMINATION THAT SIMILAR FEES ARE CUSTOMARILY PAID BY SELLER IN AREA CONCERNED.

TO MISS ROSE M. SPERLING:

YOUR LETTER OF NOVEMBER 5, 1969, REQUESTS OUR DECISION WHETHER THE AMOUNT OF $1,061.50 ON THE ENCLOSED VOUCHER MAY BE CERTIFIED FOR PAYMENT TO MR. RALPH O. HARPER, REPRESENTING CERTAIN REAL ESTATE EXPENSES THAT WERE ADMINISTRATIVELY SUSPENDED FROM HIS PREVIOUS VOUCHER RELATING TO THE CLOSING OF THE SALE OF HIS RESIDENCE AT PEORIA, ILLINOIS, INCIDENT TO THE TRANSFER OF HIS OFFICIAL STATION TO CHICAGO, ILLINOIS, UNDER AUTHORIZATION FOR TRAVEL NO. 0-68-283 DATED JUNE 3, 1968.

THE ADMINISTRATIVE SUSPENSION STATEMENT DATED SEPTEMBER 12, 1969, AND YOUR LETTER INDICATE THAT REAL ESTATE EXPENSES WERE SUSPENDED BECAUSE THE SETTLEMENT DATE OF THE SALE WAS BEYOND THE 1-YEAR LIMITATION SPECIFIED IN SUBSECTION 4.1D, BUREAU OF THE BUDGET CIRCULAR NO. A-56 REVISED, WHICH WAS REDESIGNATED 4.1E IN THE REVISION BY TRANSMITTAL MEMORANDUM NO. 5, EFFECTIVE JUNE 26, 1969. THAT PROVISION OF THE REGULATION IS TO THE EFFECT THAT THE SETTLEMENT DATE FOR THE SALE OR PURCHASE TRANSACTION FOR WHICH REIMBURSEMENT IS REQUESTED WAS "NOT LATER THAN ONE (INITIAL) YEAR AFTER THE DATE ON WHICH THE EMPLOYEE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION.' WE ASSUME THAT NO EXTENSION OF THE 1-YEAR PERIOD HAS BEEN GRANTED AS AUTHORIZED IN SUCH REGULATION.

THE PREVIOUS VOUCHER (NO. 70-660) SHOWS THAT MR. HARPER'S TRANSFER TRAVEL FROM PEORIA TO CHICAGO OCCURRED ON SUNDAY, JULY 7, 1968. PRESUMABLY HE REPORTED FOR DUTY AT THE NEW OFFICIAL STATION ON MONDAY, JULY 8, 1968. THE 1-YEAR PERIOD AFTER THAT DATE -- EXCLUDING THAT DATE -- WOULD NOT HAVE EXPIRED UNTIL THE END OF THE DAY, JULY 8, 1969. SINCE THE CLOSING STATEMENT IS DATED JULY 8, 1969, AND ALL ADJUSTABLE ITEMS WERE PRORATED AS OF JULY 7, 1969, IT APPEARS THAT THE 1-YEAR REQUIREMENT WAS SATISFIED IN THIS CASE.

WE NOTE THAT THE ABOVE AMOUNT OF $1,061.50 INCLUDES FEE OF $15 FOR TITLE POLICY AND $6.50 FOR ILLINOIS REVENUE STAMPS. THESE ARE ITEMS ORDINARILY PAID BY THE PURCHASER AND MAY ONLY BE REIMBURSED TO THE SELLER UPON A DETERMINATION THAT SIMILAR FEES ARE CUSTOMARILY PAID BY A SELLER OF REALTY IN THE AREA CONCERNED.

THE VOUCHER RETURNED HEREWITH IS FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.