B-170396, AUG. 11, 1970

B-170396: Aug 11, 1970

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SINCE THERE IS NOTHING IN THE RECORD INDICATING ANY LIABILITY ON THE PART OF THE FEDERAL GOVERNMENT. YOUR CLAIM WAS DISALLOWED BY OUR OFFICE BY SETTLEMENT DATED JUNE 3. FOR THE REASON THAT THERE ARE NO APPROPRIATED FUNDS FOR THE PAYMENT OF CLAIMS SUCH AS HERE INVOLVED. YOU WERE ADVISED AT THAT TIME OF THE PROVISION OF LAW CODIFIED IN 31 U.S.C. 628. SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE. NOT ONLY ARE THERE NO APPROPRIATIONS AVAILABLE FOR PAYMENT OF YOUR CLAIM. THERE IS NOTHING IN THE RECORD BEFORE US INDICATING ANY LIABILITY ON THE PART OF THE FEDERAL GOVERNMENT.

B-170396, AUG. 11, 1970

RENT LEASE DECISION TO DONOR-TRUSTEE, UN SECRETARIAT, UNITED NATIONS, SUSTAINING DISALLOWANCE OF CLAIM FOR "RENT-LEASE" FOR TWENTY-FIVE YEARS FOR THE USE OF THE INCOME TAX SURCHARGE CONCEPT BY THE U.S. GOVERNMENT, SINCE THERE IS NOTHING IN THE RECORD INDICATING ANY LIABILITY ON THE PART OF THE FEDERAL GOVERNMENT, CONTRACTUAL OR OTHERWISE.

TO MR. RAYMOND I. BISHOP:

YOUR LETTER OF JULY 6, 1970, REQUESTS FURTHER REVIEW OF YOUR CLAIM FOR "RENT-LEASE" FOR TWENTY-FIVE YEARS FOR THE USE OF THE INCOME TAX SURCHARGE CONCEPT BY THE UNITED STATES GOVERNMENT.

YOUR CLAIM WAS DISALLOWED BY OUR OFFICE BY SETTLEMENT DATED JUNE 3, 1970, FOR THE REASON THAT THERE ARE NO APPROPRIATED FUNDS FOR THE PAYMENT OF CLAIMS SUCH AS HERE INVOLVED. YOU WERE ADVISED AT THAT TIME OF THE PROVISION OF LAW CODIFIED IN 31 U.S.C. 628, WHICH READS AS FOLLOWS:

"EXCEPT AS OTHERWISE PROVIDED BY LAW, SUMS APPROPRIATED FOR THE VARIOUS BRANCHES OF EXPENDITURE IN THE PUBLIC SERVICE SHALL BE APPLIED SOLELY TO THE OBJECTS FOR WHICH THEY ARE RESPECTIVELY MADE, AND FOR NO OTHERS."

YOUR LETTER OF JULY 6, CONTAINS NO SUBSTANTIVE MATTER THAT HAS NOT BEEN PREVIOUSLY CONSIDERED BY OUR OFFICE. NOT ONLY ARE THERE NO APPROPRIATIONS AVAILABLE FOR PAYMENT OF YOUR CLAIM, THERE IS NOTHING IN THE RECORD BEFORE US INDICATING ANY LIABILITY ON THE PART OF THE FEDERAL GOVERNMENT, CONTRACTUAL OR OTHERWISE, IN CONNECTION WITH YOUR CLAIM.

ACCORDINGLY, OUR SETTLEMENT OF JUNE 3, 1970, WHICH DENIED YOUR CLAIM, MUST BE SUSTAINED.