Skip to main content

B-85939, AUG. 3, 1955

B-85939 Aug 03, 1955
Jump To:
Skip to Highlights

Highlights

IVA GREEN: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 30. THE RECORD DISCLOSES THAT YOUR CLAIM WAS DISALLOWED BY LETTER OF OUR CLAIMS DIVISION. THE FACTS AND CIRCUMSTANCES WERE CAREFULLY REVIEWED AND THE DISALLOWANCE WAS SUSTAINED BY OUR LETTER DATED JUNE 24. THE STATEMENTS THEREIN BEING FOR THE MOST PART RESTATEMENTS IN SUBSTANCE OF WHAT WAS BEFORE US AT THE TIME THE CLAIM PREVIOUSLY WAS UNDER CONSIDERATION. ATTENTION IS INVITED TO THE FACT THAT THE MATTER WAS INVESTIGATED BY THE UNITED STATES SECRET SERVICE. A NUMBER OF SPECIMENS OF YOUR HANDWRITING WERE SUBMITTED TO THE EXAMINER OF QUESTIONED DOCUMENTS. AN ENDORSEMENT IN THE HANDWRITING OF THE PAYEE IS THE BEST EVIDENCE OF THE RECEIPT AND NEGOTIATION OF A CHECK AND.

View Decision

B-85939, AUG. 3, 1955

TO MRS. IVA GREEN:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 30, 1955, IN FURTHER REGARD TO YOUR CLAIM FOR THE PROCEEDS OF 1945 INCOME TAX REFUND CHECK NO. 333,752, FOR $85.74, DRAWN MARCH 20, 1946, TO YOUR ORDER BY E. J. BRENNAN, SYMBOL NO. 220-3160.

THE RECORD DISCLOSES THAT YOUR CLAIM WAS DISALLOWED BY LETTER OF OUR CLAIMS DIVISION, DATED APRIL 13, 1948. UPON THE RECEIPT OF YOUR LETTER DATED MARCH 24, 1949, THE FACTS AND CIRCUMSTANCES WERE CAREFULLY REVIEWED AND THE DISALLOWANCE WAS SUSTAINED BY OUR LETTER DATED JUNE 24, 1949.

THERE APPEARS TO BE NOTHING IN YOUR PRESENT COMMUNICATION WARRANTING ANY FURTHER ACTION BY THIS OFFICE, THE STATEMENTS THEREIN BEING FOR THE MOST PART RESTATEMENTS IN SUBSTANCE OF WHAT WAS BEFORE US AT THE TIME THE CLAIM PREVIOUSLY WAS UNDER CONSIDERATION. ATTENTION IS INVITED TO THE FACT THAT THE MATTER WAS INVESTIGATED BY THE UNITED STATES SECRET SERVICE, AS STATED IN OUR LETTER OF JUNE 24, 1949, AND THAT, DUE TO THE MARKED SIMILARITY OF YOUR KNOWN HANDWRITING WITH THE ENDORSEMENT OF YOUR NAME ON THE CHECK, A NUMBER OF SPECIMENS OF YOUR HANDWRITING WERE SUBMITTED TO THE EXAMINER OF QUESTIONED DOCUMENTS, TREASURY DEPARTMENT--- A GOVERNMENT HANDWRITING EXPERT--- FOR COMPARISON WITH THE ENDORSEMENT ON THE CHECK. THAT OFFICIAL AFTER CAREFUL EXAMINATION REPORTED THAT IN HIS OPINION THE CHECK BORE YOUR GENUINE ENDORSEMENT.

AN ENDORSEMENT IN THE HANDWRITING OF THE PAYEE IS THE BEST EVIDENCE OF THE RECEIPT AND NEGOTIATION OF A CHECK AND, IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY, THE OPINION OF THE GOVERNMENT HANDWRITING EXPERT IS ACCEPTED AS CONCLUSIVE IN SUCH MATTERS. THUS, SINCE THE EVIDENCE DISCLOSES THAT THE CHECK WAS PROPERLY ENDORSED AND NEGOTIATED BY YOU, YOUR ALLEGATIONS OF NONRECEIPT AND NONNEGOTIATION OF THE CHECK HAVE NOT BEEN SUSTAINED. ACCORDINGLY, THE ACTION IN DISALLOWING YOUR CLAIM APPEARS CORRECT AND MUST BE SUSTAINED.

HOWEVER, SUCH ACTION IN NO WAY IMPUGNS YOUR GOOD FAITH IN MAKING THE CLAIM BASED UPON YOUR RECOLLECTION, NOR IS TO BE TAKEN AS REFLECTING ON YOUR REPUTATION, ALL OF THE CIRCUMSTANCES INDICATING THE CHECK WAS PROPERLY NEGOTIATED BUT THAT YOU MAY HAVE FORGOTTEN THE TRANSACTION, A NOT UNCOMMON OCCURRENCE.

GAO Contacts

Office of Public Affairs