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B-201382 1 (1983-07-07)

handle is hein.gao/gaobadlem0001 and id is 1 raw text is: 


                          THE COMPTROLLER GENERAL
  DECISION                OF THE UNITED        STATES
                   ~ ~     WASHINGTOIN. D. C. 20548




  FILE:   B-201382              DATE: July 7, 1983

  MATTER OF:     Alexander D. Bell - Relocation Expenses
                 Title Requirements - Land Trust
  DIGEST:
        A transferred employee purchased a new
        residence by way of an installment agree-
        ment for the assignment of beneficial
        interest in an Illinois land trust. Upon
        execution of that agreement, the equitable
        beneficial interest in the land trust was
        transferred to the employee. Under
        Illinois law, the assignment of beneficial
        interest in a land trust amounts to a sale
        or conveyance of the property, and the
        purchaser is treated as the owner for most
        purposes. The assignment of beneficial
        interest in an Illinois land trust through
        an installment agreement effected a
        Npurchase under 5 U.S.C. S 5724a(a)(4)
        (Supp. IV 1980). The employee as pur-
        chaser acquired title under para. 2-6.1c
        of the Federal Travel Regulations and is
        entitled to be reimbursed for the payment
        of his purchase expenses.

     This decision is in response to a request from
Mr. Claude F. Pickelsimer, Jr., Director, Financial Manage-
ment Office, Centers for Disease Control, Department of
Health and Human Services. Mr. Pickelsimer submitted a
travel voucher and supporting documents with his letter,
seeking advice as to whether an employee who purchased a
residence via an installment agreement for the assignment of
beneficial interest in a land trust holds sufficient title
under 5 U.S.C. § 5724a(a)(4) (Supp. IV 1980), and implement-
ing regulations to allow reimbursement for attorneys' fees
paid in conjunction with the purchase.

     We hold that, for purposes of reimbursement under sec-
tion 5724a(a)(4), the installment agreement for the assign-
ment of the beneficial interest in the land trust effected
the transfer of an equitable ownership of the property which
created sufficient title in the employee-purchaser to
allow reimbursement of his purchase expenses.

    In connection with a permanent change of station effec-
tive November 1, 1981, from Anchorage, Alaska, to Chicago,


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