B-176882, NOV 14, 1972

B-176882, NOV 14, 1972

CIVILIAN PERSONNEL - TEMPORARY QUARTERS SUBSISTENCE EXPENSES - LODGING RECEIPTS DECISION AFFIRMING DENIAL OF THE CLAIM OF LOUIS B. APPLEBAUM, AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY, FOR REIMBURSEMENT OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES ALLEGEDLY INCURRED INCIDENT TO HIS CHANGE OF OFFICIAL DUTY STATION. THE TERM "RECEIPT" AS USED IN OMB CIRCULAR A-56, SECTION 2.5D(1) MEANS A WRITING SIGNED BY THE PERSON FURNISHING LODGING ACKNOWLEDGING THAT HE HAS RECEIVED PAYMENT FOR SUCH LODGING. AN AFFADAVIT EXECUTED BY THE CLAIMANT MAY NOT BE ACCEPTED IN LIEU OF SUCH RECEIPTS, SO AS TO ALLOW REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES UNDER SECTION 2.5D(1).

TO MR. LOUIS B. APPLEBAUM:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 11, 1972, WHICH WILL BE VIEWED AS CONSTITUTING AN APPEAL FROM THE ACTION OF OUR TRANSPORTATION AND CLAIMS DIVISION DENYING A PORTION OF YOUR CLAIM FOR REIMBURSEMENT OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES ALLEGEDLY INCURRED INCIDENT TO YOUR CHANGE OF OFFICIAL DUTY STATION, WHILE AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

THE RECORD INDICATES THAT BY TRAVEL ORDER NO. 2099/71, DATED MARCH 8, 1971, YOU WERE AUTHORIZED A CHANGE OF OFFICIAL DUTY STATIONS FROM BROOKLYN, NEW YORK, TO NEWPORT, RHODE ISLAND. THIS TRAVEL ORDER INCLUDED AUTHORIZATION FOR AN ALLOWANCE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES FOR A PERIOD OF 30 DAYS.

IN YOUR VOUCHER COVERING THE RELOCATION EXPENSES INCIDENT TO YOUR TRANSFER YOU CLAIMED THE AMOUNT OF $310 FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES. AS SUBSTANTIATION OF THE FACT THAT LODGING CHARGES WERE ACTUALLY INCURRED YOU SUBMITTED A NOTARIZED STATEMENT IN LIEU OF FULL RECEIPTS. THIS AFFIDAVIT STATED IN PERTINENT PART AS FOLLOWS:

"THAT ON THE 2ND OF NOVEMBER 1970 THROUGH THE 8TH OF NOVEMBER 1970, AND ON THE 10TH OF NOVEMBER 1970 THROUGH THE 16TH OF NOVEMBER 1970 HE STAYED AT VARIOUS MOTELS IN NEWPORT, RHODE ISLAND AT A TOTAL LODGING COST OF $73.50 AND THAT HE WAS UNABLE TO OBTAIN RECEIPTS FOR SUCH EXPENSES OTHER THAN THE FOUR RECEIPTS ATTACHED, WHICH ARE PRESENTED AS TYPICAL.

"THAT FOR THE PERIOD 17 NOVEMBER 1970 THROUGH 1 DECEMBER 1970 HE WAS ABLE TO OBTAIN TEMPORARY LODGING IN A FURNISHED ROOM AT 48 EVERETT STREET, NEWPORT, R. I. AT A TOTAL COST OF $50.00 FOR THAT PERIOD."

IN THE COURSE OF PROCESSING YOUR VOUCHER, YOUR ADMINISTRATIVE AGENCY QUESTIONED THE PROPRIETY OF SUBMITTING A NOTARIZED STATEMENT IN LIEU OF LODGING RECEIPTS WHICH ARE REQUIRED BY THE APPLICABLE REGULATIONS. ACCORDINGLY, THE MATTER WAS SUBMITTED TO THIS OFFICE FOR DETERMINATION.

BY CERTIFICATE OF SETTLEMENT DATED JUNE 27, 1972, OUR TRANSPORTATION AND CLAIMS DIVISION TOOK THE VIEW THAT THE AFFIDAVIT EXECUTED BY YOU DID NOT SATISFY THE REQUIREMENT FOR THE SUBMISSION OF RECEIPTS. IN SUCH LIGHT YOUR CLAIM FOR TEMPORARY QUARTERS WAS REDUCED BY $90.75 AS A RESULT OF SUCH DETERMINATION.

IN YOUR LETTER OF JULY 11, 1972, YOU STATE THAT THE DICTIONARY DEFINITIONS OF THE TERM "RECEIPT" DO NOT REQUIRE THAT "THE WRITING BE THAT OF THE GRANTOR OR THE GRANTEE OR OF BOTH." HENCE, YOU ARGUE THAT ABSENT THE REQUIREMENT THAT A RECEIPT BE SIGNED BY THE GRANTEE OF A PAYMENT YOUR NOTARIZED STATEMENT SHOULD SUFFICE AS RECEIPTS.

SECTION 2.5D(1) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDES AS FOLLOWS:

"(1) REIMBURSEMENT WILL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE AS TO AMOUNT. ALLOWABLE SUBSISTENCE EXPENSES INCLUDE ONLY CHARGES FOR MEALS (INCLUDING GROCERIES CONSUMED WHILE OCCUPYING TEMPORARY QUARTERS), LODGING, FEES AND TIPS INCIDENT TO MEALS AND LODGING, LAUNDRY, CLEANING AND PRESSING OF CLOTHING. THE ACTUAL EXPENSES WILL BE ITEMIZED IN A MANNER PRESCRIBED BY THE HEAD OF THE AGENCY WHICH WILL PERMIT AT LEAST A REVIEW OF THE AMOUNTS SPENT DAILY FOR (1) LODGING, (2) MEALS, AND (3) ALL OTHER ITEMS OF SUBSISTENCE EXPENSES. RECEIPTS WILL BE REQUIRED AT LEAST FOR LODGING AND LAUNDRY AND CLEANING EXPENSES (EXCEPT WHEN COIN- OPERATED FACILITIES ARE USED). EXPENSES OF LOCAL TRANSPORTATION INCURRED FOR ANY PURPOSE DURING OCCUPANCY OF TEMPORARY QUARTERS WILL BE DISALLOWED."

IT IS OUR POSITION THAT THE TERM "RECEIPT" AS USED ABOVE MEANS A WRITING SIGNED BY THE PERSON FURNISHING SUCH LODGING ACKNOWLEDGING THAT HE HAS RECEIVED PAYMENT FOR SUCH LODGING. THIS CONCEPT IS CLEARLY THAT WHICH IS INTENDED BY THE DICTIONARY DEFINITIONS CITED BY YOUR LETTER OF JULY 11, 1972. TO HOLD OTHERWISE WOULD BE IN DEROGATION OF NOT ONLY THE CONCEPT OF THE TERM "RECEIPT" AS STATED ABOVE, BUT ALSO INCONSISTENT WITH NUMEROUS JUDICIAL CONSIDERATIONS. SEE FOR EXAMPLE PEOPLE V. FUSARO, 279 N. Y. S.2D 126, 128 (1967); AND COMMONWEALTH V. GENERAL ELECTRIC COMPANY, 194 A.2D 139, 142 (1963).

ACCORDINGLY, WE MAY NOT ACCEPT YOUR AFFIDAVIT AS BEING IN LIEU OF RECEIPTS FOR LODGING. HOWEVER, IF YOU WILL FURNISH US THE REASON AS TO WHY YOU FAILED TO OBTAIN RECEIPTS FOR THE LODGING (OTHER THAN THE FOUR NIGHTS PREVIOUSLY REFERRED TO) OR IF OBTAINED AND LOST WHETHER YOU ATTEMPTED TO OBTAIN DUPLICATES WITHOUT SUCCESS, WE WILL FURTHER CONSIDER THE MATTER. ON THE BASIS OF THE PRESENT RECORD, THE ACTION OF OUR TRANSPORTATION AND CLAIMS DIVISION IS SUSTAINED.

REFERRING TO YOUR REQUEST FOR INFORMATION AS TO AN APPEAL FROM OUR ACTION IN YOUR CASE, YOU ARE ADVISED THAT NO RIGHT OF APPEAL THEREFROM IS PROVIDED EXCEPT TO PURSUE THE MATTER IN THE APPLICABLE COURTS. IN THAT CONNECTION SEE 28 U.S.C. 1346, 1491.