Claim for Real Estate Expenses and Attorney's Fees

An authorized certifying officer of the Drug Enforcement Administration (DEA) requested an advance opinion as to whether he could certify repayment of a DEA employee's claim for legal expenses. The expenses were in connection with the sale of the employee's residence in 1974, concurrent with his permanent change of station from New York to Texas. The attorney's lump-sum unitemized bill, totaling $200, included contract preparation and various other services. The employee, who had already paid the bill, declared that he was unable to locate the attorney to obtain a breakdown of the items charged. For transactions occurring before April 27, 1977, employees may be reimbursed for attorney's fees for preparation of a warranty deed, contract, or other instruments, but not for advisory services or attendance at a closing. Since the bill in this case was not itemized, the employee could not be reimbursed for the amount, even though permissible expenses were included in the fee. The employee's inability to secure an itemized accounting did not constitute a basis for exception to the requirement.