B-152121, OCT. 4, 1963

B-152121, OCT. 4, 1963

TO MR. MITCHELL W. BARNES:

YOUR LETTER OF AUGUST 27, 1963, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF THE FOLLOWING-DESCRIBED CHECKS:

TABLE NUMBER DATE SYMBOL AMOUNT PAYEE 314087 2/8/56 B 225,207 $100.00 MITCHELL W. BARNES 314088 2/8/56 B 225,207 100.00 MITCHELL W. BARNES 314089 2/8/56 B 225,207 471.79 MITCHELL W. BARNES

THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM WERE SET OUT IN DETAIL IN OUR LETTERS OF APRIL 2, MAY 1, AND AUGUST 13, 1963, TO YOU. YOU WERE ADVISED THEREIN, THAT THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, AS AMENDED, 31 U.S.C. 122, SPECIFICALLY REQUIRES US TO DISALLOW CLAIMS FOR THE PROCEEDS OF CHECKS WHERE SUCH CLAIMS ARE NOT PRESENTED TO OUR OFFICE OR TO THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER THE DATES OF ISSUANCE OF THE CHECKS.

YOU CONTEND THAT YOUR CLAIM WAS FILED WITHIN THE SIX-YEAR LIMITATION BECAUSE, AS YOU SAY, YOU ,WROTE DENVER JUNE 15, 1962.'

OUR RECORDS SHOW THAT THE GENERAL ACCOUNTING OFFICE, REGIONAL OFFICE IN DENVER, COLORADO, RECEIVED AN UNDATED LETTER FROM YOU IN CONNECTION WITH THE INVOLVED CHECKS ON MARCH 4, 1963. THIS WAS THE FIRST COMMUNICATION RECEIVED IN OUR OFFICE REGARDING THE MATTER.

SECTION 2 OF THE ACT OF JUNE 22, 1926, AS AMENDED, 31 U.S.C. 122, PROVIDES IN PART, AS FOLLOWS:

"HEREAFTER ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING FROM THE RECORDS OF THE GENERAL ACCOUNTING OFFICE OR THE TREASURY DEPARTMENT TO HAVE BEEN PAID, SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECKS, CHECK, WARRANT, OR WARRANTS, INVOLVED. * * *"

THE QUOTED STATUTE SPECIFICALLY REQUIRES THAT THE CLAIM BE PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR THE TREASURER OF THE UNITED STATES. CONSEQUENTLY, THE FILING OF SUCH A CLAIM WITH SOME OTHER AGENCY OF THE GOVERNMENT MAY NOT BE CONSIDERED AS A COMPLIANCE WITH THE STATUTE.

YOU ALSO REQUEST TO BE INFORMED AS TO WHAT CONSTITUTES THE SIX-YEAR STATUTORY LIMITATION.

THE TIME FOR FILING A CLAIM WOULD BEGIN TO RUN, UNDER THE TERMS OF THE ABOVE-QUOTED STATUTE, ON FEBRUARY 8, 1956--- THE DATE OF ISSUANCE OF THE CHECKS INVOLVED--- AND WOULD EXPIRE ON FEBRUARY 7, 1962.

YOUR LETTER OF AUGUST 27, 1963, CONTAINS NOTHING OF EVIDENTIARY VALUE WHICH HAS NOT BEEN CONSIDERED IN OUR PREVIOUS CORRESPONDENCE; THEREFORE, THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.