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B-119724-O.M. 1 (1955-04-25)

handle is hein.gao/gaobadahh0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON25 Ew11972haO0.%. April 25, 1955 I-17938 Chief, Office of Invostigations There is returne4 herewith Report No. 1-17938, dated December 17, 1954 together with supporting papers, concerning the disposition of charges collected fptua deler for the storage of tebace in the Goverzment-awned Cbarlotte Quartermaster Depot, Charlotte, orth Carolina, duting. a period beginnthg it April 196 and ending in June 1951. During such period the depot was being operated by Tidewater Charlotte Warehouset, Inc., under storage contrats entered into with FnuaCured Tobaest Cooperative $tabilisation Corpfttir (an association of tobacco groWens)* Who matteO presented for eenaideration involes the qaestiox of ihethr the Government is entitled to the aum of 185,085$35 received by the Cooperative frou payments made by tobacco dealers for storing and servicing tobaceo in the warehouse follow. ing the purchase of the tobaccQ by the dealers. By pemit dat$ ovember 4, 194k? the Departent Aof the Army granted the Department of Agriealture the use of the warebouse on a rent-free basis eseept for nalnteanae and service chargest *a oral arrangement the Depart- ment Of Agfpiq#turtg acting through the Commodity Credit Cogsration, turnad ther narehoaes over to the Cooperative. The latter oganisation did not operat# the warehouse, but by successive annmal ptqrage con- tracts it granted use of the warehouse to Tidewater Charlotte Ware. house, Ina. The storage contracts provided for the p. nt by the Cooperative to Tidwater of a flat storage rate per hogebbad of tobacco, pius handling chartea. The contracts contained no provision for storage of the tobacco following its sale to private dealers or for any division of the income from such storage operationtt Since the storage contracts contained no provision for restorags operations and the disposition of res4itig proeedas QTal 4afgmnfDt* were entered into betwen idenater and the Co6perative (itb the knowledge of XcC) thereby Tidewater Wuld be allowed 14o% from storage revenue on dealer tobacco up to 20,000 hogsheads, and 32% over that amount, iith the balance to be paid to the Cooperative. Such arrangement, which in effect constitute4 an amenduent of the storage contracts, prevailed from April 1968 until September 1949, when the contracting parties greed that all receipts from dealer storage should be turned usve V' th Coper:.ativ. The record indicate that altog ther the ;ooperative receivcd Z7y,301.20 for storage charges from dealer

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