B-155265, JUN. 30, 1965
Highlights
JR.: REFERENCE IS MADE TO YOUR LETTER DATED MAY 26. THE PLAINTIFF WAS ALLOWED THE BALANCE DUE UNDER THE FIRST CAUSE OF ACTION. JUDGMENT WAS ENTERED IN FAVOR OF THE DEFENDANT AND AGAINST THE PLAINTIFF AS TO THE SECOND CAUSE OF ACTION. YOU HAVE RENEWED YOUR CLAIM FOR DIFFERENCE IN RENTAL ALLOWANCE AND DISLOCATION ALLOWANCE. WE HELD THAT THERE WAS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR INCREASED BASIC ALLOWANCE FOR QUARTERS AND DISLOCATION ALLOWANCE IN THE ABSENCE OF EVIDENCE THAT YOU MADE PAYMENTS TO MARIE J. AT THE RATE OF $119.70 WHEN YOU WERE ONLY ENTITLED TO $94.20 PER MONTH (TOTAL OVERPAYMENT OF $208.25) BASED UPON YOUR PLEA OF DENIAL AND WITHOUT A COUNTERCLAIM ON YOUR BEHALF CANNOT BE INTERPRETED AS AN ALLOWANCE IN YOUR FAVOR BY THE COURT OF THE AMOUNT NOW CLAIMED WHICH INVOLVES A PERIOD NOT CONSIDERED IN THE CASE BEFORE THE COURT.
B-155265, JUN. 30, 1965
TO MR. ALBERT W. PORTER, JR.:
REFERENCE IS MADE TO YOUR LETTER DATED MAY 26, 1965, IN WHICH YOU REFER TO JUDGMENT OF THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION, ENTERED FEBRUARY 17, 1965, IN THE CASE OF UNITED STATES V. ALBERT W. PORTER, JR., CIVIL NUMBER 64 1170-PH. YOU REQUEST PAYMENT OF $1,519.69, APPARENTLY ON THE BASIS OF THE COURT'S DETERMINATION OF THE SECOND CAUSE OF ACTION MENTIONED IN THAT JUDGMENT.
COPIES OF THE PROCEEDINGS IN THE CASE DISCLOSE THAT THE COMPLAINT FILED ON BEHALF OF THE UNITED STATES STATED TWO CAUSES OF ACTION--- THE FIRST FOR OVERPAYMENT OF LUMP-SUM READJUSTMENT PAY IN THE AMOUNT OF $315 AND THE SECOND FOR OVERPAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD APRIL 26 TO DECEMBER 31, 1956, IN THE AMOUNT OF $208.25. IN THE JUDGMENT REFERRED TO ABOVE, THE PLAINTIFF WAS ALLOWED THE BALANCE DUE UNDER THE FIRST CAUSE OF ACTION, PLUS INTEREST AND COSTS. HOWEVER, JUDGMENT WAS ENTERED IN FAVOR OF THE DEFENDANT AND AGAINST THE PLAINTIFF AS TO THE SECOND CAUSE OF ACTION. BASED ON YOUR INTERPRETATION OF THE COURT'S DISPOSITION OF THE SECOND CAUSE OF ACTION, YOU HAVE RENEWED YOUR CLAIM FOR DIFFERENCE IN RENTAL ALLOWANCE AND DISLOCATION ALLOWANCE, PLUS INTEREST, AND ALSO "INCOME TAX REBATE" IN CONNECTION WITH THE FIRST CAUSE OF ACTION IN THE TOTAL AMOUNT OF $1,831.37, LESS THE AMOUNT OF $311.68 ALLOWED BY THE COURT, OR $1,519.69.
IN OUR DECISION OF OCTOBER 29, 1964, B-155265, WE HELD THAT THERE WAS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR INCREASED BASIC ALLOWANCE FOR QUARTERS AND DISLOCATION ALLOWANCE IN THE ABSENCE OF EVIDENCE THAT YOU MADE PAYMENTS TO MARIE J. PORTER FOR HER SUPPORT DURING THE PERIOD COVERED BY YOUR CLAIM. IN OUR LETTER DATED JANUARY 14, 1965, B-155265, WE ADVISED YOU THAT THE EVIDENCE SUBMITTED WITH YOUR LETTER DATED DECEMBER 3, 1964, DID NOT ESTABLISH THAT YOU FURNISHED HER SUPPORT MONEY DURING THE PERIOD INVOLVED, JANUARY 1, 1957, TO DECEMBER 24, 1958.
JUDGMENT IN YOUR FAVOR AGAINST THE UNITED STATES AS TO THE SECOND CAUSE OF ACTION FOR THE OVERPAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD APRIL 26 TO DECEMBER 26, 1956, AT THE RATE OF $119.70 WHEN YOU WERE ONLY ENTITLED TO $94.20 PER MONTH (TOTAL OVERPAYMENT OF $208.25) BASED UPON YOUR PLEA OF DENIAL AND WITHOUT A COUNTERCLAIM ON YOUR BEHALF CANNOT BE INTERPRETED AS AN ALLOWANCE IN YOUR FAVOR BY THE COURT OF THE AMOUNT NOW CLAIMED WHICH INVOLVES A PERIOD NOT CONSIDERED IN THE CASE BEFORE THE COURT. THE JUDGMENT ON THE SECOND CAUSE OF ACTION MERELY HAD THE EFFECT OF DISPOSING OF THAT CAUSE OF ACTION. THEREFORE, NO AMOUNT IS DUE YOU UNDER THE JUDGMENT ENTERED FEBRUARY 17, 1965.
WITH RESPECT TO YOUR CLAIM FOR INCOME TAX REBATE YOU ARE ADVISED THAT THE INTERNAL REVENUE SERVICE, TREASURY DEPARTMENT, HAS EXCLUSIVE JURISDICTION OVER ALL MATTERS INVOLVING THE COLLECTION OF FEDERAL INCOME TAX.