B-165280, DEC. 31, 1969
Highlights
BECAUSE REIMBURSEMENT OF ATTORNEY FEES FOR REPRESENTING AND COUNSELING EMPLOYEE IN REAL ESTATE TRANSACTION IS NOT AUTHORIZED UNDER SEC. 4.2C. IS AGAIN DENIED. WAS MISFILED BY PERSONNEL OF OUR OFFICE. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BECAUSE OF YOUR FAILURE TO FURNISH EVIDENCE SHOWING THE EXACT NATURE OF THE SERVICES PERFORMED BY YOUR ATTORNEY AND THE AMOUNT OF THE TOTAL $250 FEE THAT IS ALLOCABLE TO EACH SERVICE. WHICH SETS FORTH THE PURPOSES FOR WHICH LEGAL FEES ARE ALLOWABLE AND POINTED OUT THAT SECTION 4.2C DOES NOT AUTHORIZE REIMBURSEMENT OF FEES CHARGED BY AN ATTORNEY FOR REPRESENTING AND COUNSELING AN EMPLOYEE WITH RESPECT TO A REAL ESTATE TRANSACTION. MOST OF THE ABOVE-DESCRIBED SERVICES ARE ADVISORY IN NATURE AS DISTINGUISHED FROM THOSE INVOLVING THE SEARCH OF TITLE AND PREPARATION OF DOCUMENTS.
B-165280, DEC. 31, 1969
OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--ATTORNEY FEES EMPLOYEE'S CLAIM FOR REIMBURSEMENT OF $250 ATTORNEY'S FEE INCURRED IN CONNECTION WITH PURCHASE OF RESIDENCE AT NEW OFFICIAL STATION -- PREVIOUSLY DISALLOWED BECAUSE OF CLAIMANT'S FAILURE TO FURNISH EVIDENCE SHOWING EXACT NATURE OF SERVICES PERFORMED AND AMOUNT OF TOTAL FEE ALLOCABLE TO EACH SERVICE, AND BECAUSE REIMBURSEMENT OF ATTORNEY FEES FOR REPRESENTING AND COUNSELING EMPLOYEE IN REAL ESTATE TRANSACTION IS NOT AUTHORIZED UNDER SEC. 4.2C, BUREAU OF BUDGET CIR. NO. A-56 -- IS AGAIN DENIED. WHILE AT LEAST TWO OF SERVICES PERFORMED BY ATTORNEY -- PREPARATION OF PURCHASE CONTRACT AND OF CLOSING STATEMENT -- APPEAR REIMBURSABLE, AMOUNT OF TOTAL FEE ALLOCABLE TO EACH ITEM HAS STILL NOT BEEN IDENTIFIED.
TO MR. DOUGLAS FIRST:
THIS REFERS TO YOUR LETTER OF MARCH 17, 1969, WHICH, WE REGRET, WAS MISFILED BY PERSONNEL OF OUR OFFICE. YOU REQUEST FURTHER REVIEW OF THAT PORTION OF OUR OFFICE SETTLEMENT OF DECEMBER 9, 1968, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF AN ATTORNEY'S FEE OF $250 INCURRED BY YOU IN CONNECTION WITH THE PURCHASE OF A RESIDENCE AT YOUR NEW OFFICIAL STATION.
YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BECAUSE OF YOUR FAILURE TO FURNISH EVIDENCE SHOWING THE EXACT NATURE OF THE SERVICES PERFORMED BY YOUR ATTORNEY AND THE AMOUNT OF THE TOTAL $250 FEE THAT IS ALLOCABLE TO EACH SERVICE. IN OUR DECISION OF MARCH 3, 1969, B-165280, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM, WE QUOTED SECTION 4.2C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966, WHICH SETS FORTH THE PURPOSES FOR WHICH LEGAL FEES ARE ALLOWABLE AND POINTED OUT THAT SECTION 4.2C DOES NOT AUTHORIZE REIMBURSEMENT OF FEES CHARGED BY AN ATTORNEY FOR REPRESENTING AND COUNSELING AN EMPLOYEE WITH RESPECT TO A REAL ESTATE TRANSACTION.
IN LETTER OF MARCH 13, 1969 (ENCLOSED WITH YOUR LETTER OF MARCH 17), YOUR ATTORNEY STATES THAT THE LEGAL SERVICES RENDERED BY HIM INCLUDED PREPARATION OF THE CONTRACT OF PURCHASE, APPROVAL OF VARIOUS DOCUMENTS REQUIRED BY THE MORTGAGEE, EXAMINATION OF THE ABSTRACT OF TITLE, CLOSING OF THE TRANSACTION, PREPARATION OF THE CLOSING STATEMENT, AND ARRANGING FOR RECORDING OF THE DEED.
MOST OF THE ABOVE-DESCRIBED SERVICES ARE ADVISORY IN NATURE AS DISTINGUISHED FROM THOSE INVOLVING THE SEARCH OF TITLE AND PREPARATION OF DOCUMENTS. WHILE AT LEAST TWO OF THE SERVICES PERFORMED BY YOUR ATTORNEY -- PREPARATION OF CONTRACT OF PURCHASE AND PREPARATION OF CLOSING STATEMENT -- APPEAR TO BE REIMBURSABLE ITEMS UNDER SECTION 4.2C OF THE REGULATIONS, WE MAY NOT ALLOW ANY PORTION OF YOUR CLAIM ON THE PRESENT RECORD IN VIEW OF THE FACT THAT YOUR ATTORNEY AGAIN FAILED TO IDENTIFY THE AMOUNT OF THE TOTAL FEE THAT IS ALLOCABLE TO EACH ITEM. SEE B-163203, MARCH 1, 1968, COPY HEREWITH.