B-175704, JUN 1, 1972

B-175704: Jun 1, 1972

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SINCE THE VOUCHER WOULD MORE PROPERLY HAVE BEEN PRESENTED WITH THE FACTUAL RECORD AND QUESTIONS OF LAW INVOLVED. IS UNABLE TO PROVIDE MORE THAN A GENERAL BASIS UPON WHICH MR. TAYLOR'S CLAIM MAY BE ADMINISTRATIVELY PROCESSED. (1) IF THE OLD MORTGAGE SERVICE CHARGE IS A REASONABLE AMOUNT CUSTOMARILY PAID BY THE SELLER. IT IS REIMBURSABLE UNDER SECTION 4.2G. A-56. (2) THE CLAIM FOR RETURN TO THE OLD DUTY STATION APPEARS TO HAVE BEEN FOR PERSONAL REASONS AND MAY NOT BE ALLOWED. (3) NEITHER SECTIONS 4.2G OR 4.2C OF THE CIRCULAR CONSTITUTE AUTHORITY FOR PAYMENT OF MISCELLANEOUS CORRESPONDENCE. OR LEGAL REPORTS. (4) THE COSTS OF THE ESTOPPEL STATEMENT AND TITLE CLEARANCE ARE REIMBURSABLE ONLY IF THEY ARE REQUIRED INCIDENT TO THE SALE OF A RESIDENCE IN THE NEW YORK AREA.

B-175704, JUN 1, 1972

CIVILIAN EMPLOYEE - CHANGE OF OFFICIAL STATION - SALE OF RESIDENCE - REIMBURSEMENT CONCERNING EXPENSES INCURRED BY FRANKLYN W. TAYLOR, JR; INCIDENT TO A CHANGE OF STATION FROM NEW YORK TO BOSTON AS AN EMPLOYEE OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. SINCE THE VOUCHER WOULD MORE PROPERLY HAVE BEEN PRESENTED WITH THE FACTUAL RECORD AND QUESTIONS OF LAW INVOLVED, THE COMP. GEN. IS UNABLE TO PROVIDE MORE THAN A GENERAL BASIS UPON WHICH MR. TAYLOR'S CLAIM MAY BE ADMINISTRATIVELY PROCESSED. (1) IF THE OLD MORTGAGE SERVICE CHARGE IS A REASONABLE AMOUNT CUSTOMARILY PAID BY THE SELLER, IT IS REIMBURSABLE UNDER SECTION 4.2G, OMB CIRCULAR NO. A-56. (2) THE CLAIM FOR RETURN TO THE OLD DUTY STATION APPEARS TO HAVE BEEN FOR PERSONAL REASONS AND MAY NOT BE ALLOWED. (3) NEITHER SECTIONS 4.2G OR 4.2C OF THE CIRCULAR CONSTITUTE AUTHORITY FOR PAYMENT OF MISCELLANEOUS CORRESPONDENCE, RELEASE OF ESCROW FUND SURPLUS, OR LEGAL REPORTS. (4) THE COSTS OF THE ESTOPPEL STATEMENT AND TITLE CLEARANCE ARE REIMBURSABLE ONLY IF THEY ARE REQUIRED INCIDENT TO THE SALE OF A RESIDENCE IN THE NEW YORK AREA. THE ENCLOSED VOUCHER MAY BE HANDLED IN ACCORDANCE WITH THE FOREGOING.

TO MRS. DOLORES T. HODGES:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 20, 1972, FORWARDING A RECLAIM VOUCHER AND ATTACHMENTS, CONCERNING EXPENSES CLAIMED BY MR. FRANKLYN W. TAYLOR, JR; INCIDENT TO A CHANGE OF HIS OFFICIAL DUTY STATION FROM NEW YORK, NEW YORK, TO BOSTON, MASSACHUSETTS, WHILE AN EMPLOYEE OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

YOUR REQUEST FOR AN ADVANCE DECISION CONSISTED MERELY OF A TRANSMITTAL OF THE VOUCHER AND SUPPORTING PAPERS WITHOUT RAISING ANY QUESTION OF LAW. WE INDICATED IN OUR LETTER TO YOU, B-170639, JULY 29, 1971, YOU SHOULD SET FORTH THE FACTS INVOLVED AND THE REASONS FOR SUBMITTING A MATTER HERE FOR DECISION. SEE 31 U.S.C. 82D. WE REGRET HAVING TO REITERATE THIS POINT AND REQUEST THAT IN THE FUTURE THE MATTER UPON WHICH YOU HAVE QUESTIONS BE PROPERLY PRESENTED. OUR REPLY IN THE PRESENT CASE WILL NECESSARILY BE LIMITED TO ADVISING YOU OF THE GENERAL BASIS UPON WHICH EXPENSES MAY BE ALLOWED AND RETURNING THE VOUCHER TO YOU FOR ADMINISTRATIVE PROCESSING.

THE RECORD INDICATES THAT UNDER TRAVEL ORDER NO. A-104-71 MR. TAYLOR WAS AUTHORIZED A CHANGE OF OFFICIAL DUTY STATION FROM NEW YORK, NEW YORK, TO BOSTON, MASSACHUSETTS. MR. TAYLOR REPORTED FOR DUTY AT THE NEW DUTY STATION ON SEPTEMBER 20, 1970. PURSUANT TO THE TRANSFER HE SOLD HIS RESIDENCE AT THE OLD OFFICIAL DUTY STATION AND THE CLOSING TOOK PLACE ON SEPTEMBER 3, 1971. INCIDENT TO THIS SALE MR. TAYLOR INCURRED, AND NOW HAS SOUGHT, REIMBURSEMENT IN THE AMOUNT OF $264.45 FOR THE FOLLOWING ITEMS:

(1) CLAIM FOR SERVICE CHARGE TO CLOSE OUT MORTGAGE

ON OLD RESIDENCE $25.00

(2) CLAIM FOR TRIP BACK TO OLD DUTY STATION 64.45

(3) MISCELLANEOUS CORRESPONDENCE AND TELEPHONE CALLS 50.00

(4) OBTAINING AND APPROVING ESTOPPEL STATEMENT FROM

MORTGAGEE $25.00

(5) NEGOTIATING WITH TITLE COMPANY AND CLEARING ALL

REQUIREMENTS RAISED IN OBJECTION SHEET 50.00

(6) OBTAINING RELEASE OF ESCROW FUND SURPLUS 25.00

(7) ATTORNEY'S SUMMARY LEGAL AND FINANCIAL REPORT 25.00

$264.45

CONCERNING ITEM 1 IT IS OUR UNDERSTANDING THAT THE $25 SERVICE CHARGE WAS INCURRED AS A REQUIRED FEE FOR PROCESSING THE PAPERWORK WHICH WAS INVOLVED IN CLOSING OUT MR. TAYLOR'S MORTGAGE WITH HIS BANK. AS SUCH IT WOULD APPEAR TO BE REIMBURSABLE UNDER OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, REVISED JUNE 26, 1969, SECTION 4.2G, PROVIDING IT IS CUSTOMARILY PAID BY THE SELLER AND DOES NOT EXCEED AMOUNTS CUSTOMARILY CHARGED.

AS FOR ITEM 2 WE RULED IN B-169392, JUNE 25, 1970, COPY ENCLOSED, THAT THE COSTS INCURRED BY AN EMPLOYEE FOR TRAVEL BACK TO HIS OLD OFFICIAL DUTY STATION NOT IN CONNECTION WITH OFFICIAL BUSINESS OF THE UNITED STATES ARE TO BE REGARDED AS PERSONAL AND ARE THEREFORE NOT REIMBURSABLE.

IT IS OUR VIEW THAT ITEMS 3, 6, AND 7, DO NOT REPRESENT REIMBURSABLE COSTS WHICH WERE REQUIRED TO BE BORNE BY MR. TAYLOR INCIDENT TO THE SALE OF HIS HOME WITHIN SECTION 4.2G OF CIRCULAR NO. A-56. FURTHERMORE, WE DO NOT VIEW SECTION 4.2C OF CIRCULAR NO. A-56 AS AUTHORITY FOR PAYMENT OF THE TYPES OF EXPENSES INVOLVED IN ITEMS 3, 6, AND 7. ACCORDINGLY, WE SEE NO BASIS FOR REIMBURSEMENT FOR THESE ITEMS.

AS FOR ITEMS 4 AND 5, YOU HAVE NOT PROVIDED THIS OFFICE WITH INFORMATION INDICATING WHETHER SUCH COSTS ARE FOR SERVICES REQUIRED INCIDENT TO THE SALE OF A RESIDENCE IN THE NEW YORK AREA. IN VIEW THEREOF WE CANNOT SAY WHETHER REIMBURSEMENT WOULD BE AUTHORIZED. PURSUANT TO SECTIONS 4.3B AND 4.3C OF OMB CIRCULAR NO. A-56, THE MATTER SHOULD BE ADMINISTRATIVELY DEVELOPED BY CONTACTING THE PROPER OFFICE OF THE FEDERAL HOUSING ADMINISTRATION SO AS TO ENABLE YOUR OFFICE TO MAKE SUCH DETERMINATION.

THE VOUCHER, WITH ATTACHMENTS, IS RETURNED FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.