B-142963, AUG. 24, 1960

B-142963, AUG. 24, 1960

TO MRS. BEATRICE A. PARKER:

ON JULY 15, 1960, YOU WROTE TO THE GENERAL ACCOUNTING OFFICE CONCERNING YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 21,444,390, DATED APRIL 19, 1950, IN THE AMOUNT OF $194.16. THIS MATTER HAS BEEN THE SUBJECT OF PREVIOUS CORRESPONDENCE BETWEEN YOU AND OUR OFFICE.

IN SETTLEMENT LETTERS Z-1995506 OF OCTOBER 1, 1959, AND DECEMBER 14, 1959, AND IN DECISION B-142963, JUNE 2, 1960, WE EXPLAINED THAT YOUR CLAIM WAS BARRED PURSUANT TO SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, BECAUSE IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE THE CHECK WAS ISSUED. IN OUR SETTLEMENT OF DECEMBER 14, 1959, AND OUR DECISION OF JUNE 2, 1960, WE POINTED OUT THAT WHILE THE ACT OF JUNE 22, 1926, WAS AMENDED BY SECTION 3 (A) OF THE ACT OF AUGUST 28, 1957, 71 STAT. 465, TO THE EFFECT THAT CLAIMS ON CHECKS FILED WITH THE TREASURY DEPARTMENT WOULD TOLL THE STATUTE OF LIMITATIONS IN THE SAME MANNER AS THOSE FILED WITH THE GENERAL ACCOUNTING OFFICE, SUCH AMENDMENT WAS PASSED AFTER THE SIX-YEAR STATUTE OF LIMITATIONS HAD RUN ON THE CHECK INVOLVED AND THEREFORE IN NO WAY AFFECTED YOUR CLAIM.

ACCORDINGLY, WE MUST ADVISE YOU AGAIN THAT YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 21,444,390 IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, AND CANNOT BE ALLOWED.

WE NOTE THAT IN YOUR LETTER OF JULY 15, 1960, YOU MAKE NO MENTION OF OUR DECISION B-142963, JUNE 2, 1960, AND THAT YOU LIST A NEW ADDRESS. IN THE EVENT THAT OUR DECISION OF JUNE 2, 1960, HAS NOT REACHED YOU AT YOUR NEW ADDRESS, WE ARE ENCLOSING A COPY OF THAT DECISION FOR YOUR CONVENIENCE.