B-169367, APR. 17, 1970

B-169367: Apr 17, 1970

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS DISALLOWED SINCE SETTLEMENT IN CASE WAS MADE SEPT. 11. WAS REVISED JUNE 26. REGULATIONS IN EFFECT AT TIME OF SETTLEMENT OF REAL ESTATE TRANSACTION ARE FOR APPLICATION IN DETERMINING WHAT EXPENSES ARE FOR REIMBURSEMENT THEREUNDER. HAGAN: THIS IS IN REPLY TO YOUR LETTER OF MARCH 3. THE CIRCULAR WAS REVISED ON JUNE 26. YOUR CLAIM WAS DISALLOWED SINCE SETTLEMENT WAS MADE ON SEPTEMBER 11. YOU CONTEND YOU ARE ENTITLED TO REIMBURSEMENT BECAUSE YOU INCURRED THE EXPENSE PRIOR TO THE REVISION OF THE CIRCULAR. THE REGULATIONS IN EFFECT AT THE TIME OF SETTLEMENT OF A REAL ESTATE TRANSACTION ARE FOR APPLICATION IN DETERMINING WHAT EXPENSES ARE FOR REIMBURSEMENT THEREUNDER. SINCE SETTLEMENT IN YOUR CASE WAS MADE ON SEPTEMBER 11.

B-169367, APR. 17, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--HOUSE PURCHASE- LOAN ORIGINATION FEE TRANSFERRED EMPLOYEE'S CLAIM FOR REIMBURSEMENT OF LOAN ORIGINATION FEE OF $394 OR BASIS THAT HE OBLIGATED HIMSELF TO PAY LOAN ORIGINATION FEE WHEN HE APPLIED FOR LOAN ON NEW HOUSE MAY 28, 1969 WHEN BUR. OF BUDGET CIR. NO. A-56 PROVIDED FOR REIMBURSEMENT OF FEE, IS DISALLOWED SINCE SETTLEMENT IN CASE WAS MADE SEPT. 11, 1969 AND CIR. WAS REVISED JUNE 26, 1969, SO AS NOT TO PERMIT REIMBURSEMENT OF LOAN ORIGINATION FEE. REGULATIONS IN EFFECT AT TIME OF SETTLEMENT OF REAL ESTATE TRANSACTION ARE FOR APPLICATION IN DETERMINING WHAT EXPENSES ARE FOR REIMBURSEMENT THEREUNDER. SEE COMP. GEN. DECS. CITED.

TO MR. ROBERT L. HAGAN:

THIS IS IN REPLY TO YOUR LETTER OF MARCH 3, 1970, REQUESTING REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF A LOAN ORIGINATION FEE IN THE AMOUNT OF $394 INCURRED BY YOU IN CONNECTION WITH A TRANSFER OF OFFICIAL STATION FROM WASHINGTON, D. C; TO JEFFERSONVILLE, INDIANA.

YOU STATE THAT YOU OBLIGATED YOURSELF TO PAY THE LOAN ORIGINATION FEE WHEN YOU APPLIED FOR THE LOAN ON YOUR NEW HOUSE ON MAY 28, 1969, WHEN BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDED FOR REIMBURSEMENT OF THE FEE IN QUESTION. THE CIRCULAR WAS REVISED ON JUNE 26, 1969, SO AS NOT TO PERMIT REIMBURSEMENT OF A LOAN ORIGINATION FEE, AND YOUR CLAIM WAS DISALLOWED SINCE SETTLEMENT WAS MADE ON SEPTEMBER 11, 1969. YOU CONTEND YOU ARE ENTITLED TO REIMBURSEMENT BECAUSE YOU INCURRED THE EXPENSE PRIOR TO THE REVISION OF THE CIRCULAR.

THE REGULATIONS IN EFFECT AT THE TIME OF SETTLEMENT OF A REAL ESTATE TRANSACTION ARE FOR APPLICATION IN DETERMINING WHAT EXPENSES ARE FOR REIMBURSEMENT THEREUNDER. B-168659, MARCH 3, 1970, AND B-168011, OCTOBER 24, 1969, COPIES ENCLOSED. SINCE SETTLEMENT IN YOUR CASE WAS MADE ON SEPTEMBER 11, 1969, THE REVISED REGULATIONS ARE CONTROLLING.

IN VIEW OF THE ABOVE THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.