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B-195160 1 (1980-02-21)

handle is hein.gao/gaobadiak0001 and id is 1 raw text is: T THE C CM PT ROCL LER GC3E NE RA L DECISION . ( OF THE UNITED STATES WAASHINGTON, 0. C. 20548 FILE: B-195160 DATE: February 21, 1980 MATTER OF: Astro International Freight Forwarders, Inc. DIGEST: 1. Successor corporation with substantially same officers, same owner and same address as predecessor corporation may be held responsible for debt of predecessor corporation, and for contract of owner or manager to pay the debt. 2. New acknowledgment or promise removes bar of statute of limitations and deduction ac- tion taken by GSA on new promise 'under Government's common law right of set off has not been shown to be barred. United States v. Munsey Trust Co., 332 U.S. 234, 239 (1947). Astro International Freight Forwarders, Inc. (Inter- national) requests review of action taken by the General Services Administration (GSA) in which about $80,000 was deducted from other monies due the carrier to satisfy debts owed the Government by Astro Van Pak, Inc. (Van Pak). See 49 U.S.C. 66(b) (1976) and 4 C.F.R. 53 (1978). GSA reports that Van Pak was indebted to the United States for $80,692.84 in overcharges for transportation furnished the Government during the years 1973, 1974 and 1975. Van Pak did not respond to requests for refund of the overpayments and ceased operations in December 1975. Deduction action was then initiated against International alleged by GSA to be a subsidiary of Van Pak. In September 1977 the deduction action was stopped to investigate allegations by International that it was a separate corporation and not responsible for the debts of Van Pak. At meetings with GSA, Jerry H. Sills, who started Van Pak in 1965, accepted liability for the debts of Van Pak and orally agreed to submit a written proposal for orderly repayment. However, Mr. Sills failed to submit a written proposal for satisfaction of the debt and on July 31, 1978, GSA reported the debt to the I T~j~~ V^ C4 Vv - rc)l 7 CA e) -,, f I i

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