B-163856, APR. 30, 1968

B-163856, APR. 30, 1968

TO MR. ROBERT L. LEITH:

THIS IS IN REPLY TO YOUR LETTER OF MARCH 19, 1968, REFERENCE OCAC:JRS, SUBMITTING A RECLAIM VOUCHER OF MR. ROLLAND M. BRISTOR, AN EMPLOYEE OF THE ATOMIC ENERGY COMMISSION FOR CERTAIN EXPENSES INCIDENT TO A CHANGE OF OFFICIAL STATION FROM IDAHO FALLS, IDAHO, TO RICHLAND, WASHINGTON, ON AUGUST 24, 1966.

MR. BRISTOR IS RECLAIMING $1,185.03 OF WHICH $536.03 REPRESENTS THE COST OF COMMERCIAL TRANSPORTATION OF HIS HOUSETRAILER LOADED WITH 4,860 POUNDS OF HOUSEHOLD EFFECTS TO THE NEW LOCATION. MR. BRISTOR HAS ALREADY BEEN REIMBURSED ON A COMMUTED BASIS FOR TRANSPORTATION OF EFFECTS WHICH INCLUDED THE 4,860 POUNDS IN THE TRAILER. THE $536.03 WAS INITIALLY DISALLOWED ON THE BASIS THAT UNDER THE PROVISIONS OF SECTION 9.1 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 AN EMPLOYEE IS ONLY ENTITLED TO A MILEAGE ALLOWANCE FOR TRANSPORTATION OF A TRAILER IN LIEU OF TRANSPORTATION OF HOUSEHOLD GOODS AND EFFECTS. MR. BRISTOR IS NOW CLAIMING THE EXPENSE UNDER SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 RELATING TO EXPENSES IN CONNECTION WITH THE SALE OF A RESIDENCE.

ANOTHER ITEM OF EXPENSE CLAIMED IS FOR $336.80, COMPOSED OF A WASHINGTON STATE SALES TAX OF $333.90 (4.2 PERCENT X $7,950 TRADE-IN VALUE) ON HIS HOUSETRAILER WHEN IT WAS TRADED ON THE PURCHASE OF A RESIDENCE AT THE NEW DUTY STATION, AND $2.90 FOR LONG-DISTANCE CALLS PERTAINING TO THE PURCHASE OF THE RESIDENCE. THE EMPLOYEE CONSIDERS THAT THESE COSTS MAY BE REIMBURSABLE UNDER SECTION 4 OF THE REGULATIONS AS AN EXPENSE IN CONNECTION WITH THE PURCHASE OF A RESIDENCE. THE RECORD INDICATES THAT THE HOUSETRAILER WAS USED AS TEMPORARY QUARTERS FOR THE 30-DAY PERIOD, AUGUST 27, 1966, THROUGH SEPTEMBER 25, 1966. THE AMOUNT OF $333.90 WAS DISALLOWED ON THE BASIS THAT IT REPRESENTED A FINANCING COST AND THE AMOUNT OF $2.90 WAS DISALLOWED AS BEING PERSONAL TO THE CLAIMANT.

THE THIRD ITEM RECLAIMED IS FOR $312.20 REPRESENTING $42.00 DRAYAGE FEE FOR MOVING A PORTION OF HIS HOUSEHOLD INTO STORAGE, A COMMERCIAL STORAGE CHARGE OF $20.20 AND A STORAGE CHARGE OF $250 FOR LEASED SPACE IN A NEIGHBOR'S BASEMENT. THESE EXPENSES WERE INCURRED AT THE OLD DUTY STATION, IDAHO FALLS, AND WERE DISALLOWED IN THE ABSENCE OF ANY EVIDENCE SHOWING WEIGHT.

MR. BRISTOR INDICATES THAT HE DID NOT WEIGH THE EFFECTS ON GOING INTO STORAGE AS HE AND HIS NEIGHBORS DID THE MOVING AND THE GOODS WERE WEIGHED UPON BEING TAKEN OUT OF STORAGE FOR SHIPMENT WHICH, HE FEELS, SHOULD BE JUST AS ACCURATE. BILLS SHOWING A TOTAL WEIGHT OF 13,810 POUNDS OF HOUSEHOLD WERE PROVIDED IN SUPPORT OF TRANSPORTATION CHARGES, HOWEVER, YOUR LETTER INDICATES THAT AN UNKNOWN PORTION OF THE 4,860 POUNDS OF EFFECTS IN THE TRAILER WERE NOT STORED. MR. BRISTOR HAS OBTAINED A CERTIFICATE FROM THE NEIGHBOR TO THE EFFECT THAT HIS GOODS OCCUPIED 2,310 CUBIC FEET OF SPACE IN HIS BASEMENT AND ASKS THAT THE CONVERSION FORMULA OF 7 POUNDS TO THE CUBIC FEET USED IN SECTION 6.3D (3) OF THE BUREAU OF THE BUDGET REGULATIONS IN DETERMINING GROSS WEIGHT OF PROPERTY TRANSPORTED IN THE ABSENCE OF ACTUAL WEIGHTS BE APPLIED IN THIS CASE TO DETERMINE GROSS WEIGHT OF GOODS STORED.

IT IS NOTED THAT THE PLACING OF MR. BRISTOR'S EFFECTS IN STORAGE IN MAY 1966 ANTEDATED BY SEVERAL MONTHS HIS RECEIPT OF ORDERS. HOWEVER,THE RECORD INDICATES HE HAD BEEN ADVISED BY HIS SUPERIOR IN THE SPRING OF 1966 THAT HE WOULD BE TRANSFERRED LATER IN THE YEAR.

WITH RESPECT TO THE ITEM OF $536.03 FOR THE COST OF TRANSPORTING MR. BRISTOR'S TRAILER TO HIS NEW DUTY STATION THIS IS NOT ALLOWABLE AS AN EXPENSE IN CONNECTION WITH THE SALE OF RESIDENCE SINCE SECTION 4.1 OF THE REGULATIONS REQUIRES THAT THE RESIDENCE SOLD BE LOCATED AT THE OLD STATION AND THE TRAILER CANNOT BE BOTH A RESIDENCE AND ALSO TEMPORARY QUARTERS SO AS TO JUSTIFY PAYMENT OF A TEMPORARY QUARTERS ALLOWANCE.

INSOFAR AS THE AMOUNT OF $333.90 CONTAINED IN THE SECOND ITEM IS CONCERNED RELATING TO THE SALES TAX ON THE TRAILER THIS IS NOT A USUAL EXPENSE IN CONNECTION WITH THE SALE OF A RESIDENCE. MOREOVER, SUCH SALE DID NOT TAKE PLACE AT THE OLD OFFICIAL STATION. SEE SECTION 4.1, BUREAU OF THE BUDGET CIRCULAR NO. A-56. THEREFORE, THIS AMOUNT MAY NOT BE ALLOWED. THE BALANCE OF $2.90 CONTAINED IN THIS ITEM FOR LONG DISTANCE PHONE CALLS MAY NOT BE ALLOWED BECAUSE WE FIND NOTHING IN CIRCULAR A-56 AUTHORIZING REIMBURSEMENT FOR THIS TYPE OF EXPENSE.

AS TO TEMPORARY STORAGE OF HOUSEHOLD EFFECTS ORDINARILY THE AUTHORIZATION FOR 60 DAYS TEMPORARY STORAGE PRECEDES THE INCURRING OF THE EXPENSE. HERE THE HOUSEHOLD EFFECTS WERE PLACED IN STORAGE IN MAY 1966 SEVERAL MONTHS PRIOR TO THE RECEIPT OF ORDERS BY MR. BRISTOR. HOWEVER, WHEN HIS ORDERS WERE ISSUED THEY AUTHORIZED TEMPORARY STORAGE FOR 60 DAYS. WE NOTE THAT THE CHARGE OF $250 COVERED STORAGE FROM MAY 7, 1966 THROUGH APPROXIMATELY NOVEMBER 1, 1966. HOWEVER, THE EFFECTS WERE WITHDRAWN FROM STORAGE AT VARIOUS TIMES BEGINNING THE FIRST PART OF AUGUST 1966, AND ENDING AROUND THE FIRST PART OF NOVEMBER 1966. WE SEE NO OBJECTION TO ACCEPTING THE FIGURE OF 13,810 POUNDS AS THE WEIGHT OF THE HOUSEHOLD EFFECTS ORIGINALLY PLACED IN STORAGE.

THE CHARGE OF $250 APPEARS TO HAVE BEEN MADE FOR SPACE WITHOUT REGARD TO THE AMOUNT OF HOUSEHOLD EFFECTS STORED THEREIN. THEREFORE, MR. BRISTOR IS ENTITLED TO REIMBURSEMENT FOR THAT PORTION THEREOF APPLICABLE TO 60 DAYS, THAT IS, $250 DIVIDED BY 178 DAYS (MAY 7 - NOVEMBER 1, 1966) TIMES 60 OR $84.24. THERE WAS AN ADDITIONAL CHARGE BY THE IDAHO FALLS TRANSFER AND STORAGE CO. OF $16.20 COVERING THE PERIOD MAY 7 TO SEPTEMBER 17, 1966 (4- 1/2 MONTHS AT $3.60) PLUS A CHARGE OF $4 FOR CHECKING IN AND OUT. THE PRO RATA SHARE OF THE $16.20 FOR 60 DAYS IS $7.31. ADDING THESE AMOUNTS, $84.24, $7.31, $4, PLUS A CHARGE OF $42 FOR MOVING A PORTION OF THE EFFECTS TO STORAGE RESULTS IN A FIGURE OF $137.55. THAT AMOUNT IS FOR ALLOWANCE SINCE IT IS LESS THAN THE COMMUTED RATE FOR 60 DAYS IRRESPECTIVE OF APPLICABILITY OF THE 7,000 POUND LIMITATION (PRIOR TO JULY 21, 1966) OR THE 11,000 POUND LIMITATION (ON AND AFTER JULY 21, 1966).

THE VOUCHERS AND SUPPORTING PAPERS ARE RETURNED FOR CERTIFICATION ONLY AS OUTLINED ABOVE.