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B-202542 1 (1981-06-08)

handle is hein.gao/gaobadjkz0001 and id is 1 raw text is: LE1.LER I THE COMPTROL LE AL/ DECISION . OF THE UNITED STATES C-N IT SWASHINGTON, . C. 20548 FILE: B-202542 DATE: June 8, 1981 MATTER OF: K.B.M. Inc. DIGEST: GAO will not rule on allegation by contractor that Air Force, in violation of Assignment of Claims Act, 31 U.S.C. § 203 (1976), incorrectly paid Internal Revenue Service $26,887.70 instead of con- tractor's assignee since contractor filed chapter XI proceeding in Federal Bankruptcy Court and court apparently has ruled on issue of who is entitled to funds and will issue decision of its opinion. By letter of March 13, 1981, K.B.M. Inc. (K.B.M.) requested a ruling by our Office in connection with an /alleged violation of th-t Assignment of Claims ActZ 31 U.S.C. § 302 (1976), by Wright Patterson Air Porce Base. K.B.M. alleges that Wright Patterson incorrectly paid $26,887.70 to the Internal Revenue Service (IRS) instead of to K.B.M.'s assignee, Southern Ohio Bank. We were advised by the Department of the Air Force that K.B.M. filed a chapter XI proceeding in the Federal Bankruptcy Court of the Eastern District of Kentucky in Lexington, Kentucky, on February 5, 1981, and that two motions were filed under this action to resolve the quest±on of entitlement to the funds in question. :.- were advised by the clerk of the court that argu- ments on the motions were held on May 12, 1981, but that the court has not yet released the written text of its ruling. It is the policy of this Office not to decide issues which are before a court of competent jurisdic- tion unless, of course, the court requests, expects J YZ

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