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B-178433 1 (1973-06-04)

handle is hein.gao/gaobaadnq0001 and id is 1 raw text is: 



                    COMFTnOLLER GENERAL OF TM UNITED STATES
                               WA,I,,HTON. D.c. MIu
                                                                )7


   ba178433                                              June 4, 1973



   Hr; T. A. Evans
   Civilian Diobvrsing Officer
   OhIo Rivor Divicion, Corpe of Engtncenr
   Depurtnrt. of the Arwy
   P.O. rox 1159
   Cincirnati, Ohio 45201

   Dear Ir. Evsn2t

        This refers to your letter of March 1, 19Y3, reference OREE3C-F,
   fori'arJed to thiv Office on Ipril 10, 1973, by the Per Die, Travel and
   Trancportr.tion Allr.n06 Corittee, PDTATAC Control No. 73-21, in which
   you requect a decision as to the propriety of certifying for payment a
   recloin voucher in the amount of $150 subnitted by Mr. altcr E. Hanilton,
   an eployco of the Ohio River Divioion of the Corps of Engineers.

        Thc'&unt in question represents a loan aaunuption fee chorged
   Ct. lrailton In eonnecttwo with the purchaso of a residence foll.int
   his permuent tnaenge of station to Cincinnati, Ohio, on June i 1970.
   His claim was ad,6!nistratively disallovo'cd on the basis that our decisions
   B-1691:,l Ap:f- 15, 1970; r-16Ufl70 Fcbrunry 13, 1970; and B-3fS359,
   Velrusry 2, 19i3, held that a loan assu-ption Leo is to be regarded as
   a finance chate under Regulation Z of the Board of C'vornirs of tho
   Federal Reserve Systen, and as such is not raimbursable. r. )lanflton
   points out, however, that thi cited decicions have cil invflvad per-
   centago fees rn'wr than a Mt fee as in his caBa, and that the SEavinc.
   and Lonn Assocv. ion with which ho dealt did not rato a ncrw loan but
   merely transferrod en existing one. Hie has cubmitted a otateont [ron
   nn officer of the t'nvingo am Loan Ansocintian to the effect that the
   $3.50 fen charucu i not a finance chnrce but is instecd a flat charge
   to raiviburse the w6rtgace holder for expenses incurred in processing
   the Asuumption.

        We addrease1 the question of whether a, flat fee purportedly harr.ed
   only for administrative costs in connection with a loan ass=ptitn wgg
   rainburonble in B-170787, Iovetbcr 17, 1970, a copy of which is enclosed.
   Iu that deciulon we noted that an officiaL of the Board of Covernors of
* ths Federal Resecvs ystea had advised un that a loan aasunptira fee on
   a flat fe basis is regardrd ea a finnnco charge, notwithatn6ing the
   assertion that such a fete etoly covers admtaistrative costs.

                        BEST DBCU;,EWT AVAILABLIE


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