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B-182076 1 (1975-02-05)

handle is hein.gao/gaobadcfv0001 and id is 1 raw text is: 4 1LR /- p THE COMPTROLLER GENERAL DECISIOlNl. . OF THE UNITED STATES WASHINGTON., D.C. 2054 NITEDA FILE: 5-182076 DATE: IEB 5 1975 MATTER OF: Voucher of Duncan As McDonell DIGEST: Where there is no clear local custom in usual sense of the term as to who pays estate revenue and docu- mentary stamps on purchase of residence at new station incident to change of official duty station3 otherwise allowable item may be paid the buyer in accordance with terms of sales contract wherein seller and buyer agreed to split costs and the record shows that in majority of cases handled by HUD costs of closing are split. This claim presents the question whether certain State revenue stamps are allowable relocation expenses under Federal Property Manage. ment Regulations (EP4R) 101-7, section 2-6.2(a) of the Federal Travel Regulations, when the local custm as to whom they are chargeable is in a state of flux. The matter was raised by the voucher of Mr. Duncan A. McDonell for reLmbursemenut of expenses incident to the purchase of a residence in Orange Park, Florida, due to a transfer of duty station. The items in question are klorida revenue stamps and documentary stamps on the note and deed. Under the above-mentioned regulation, certain expenses are reiubursable if they are customarily paid by the purchaser, in this case, and do not exceed amounts customarily paid. The local Housing and Urban Development office advisess 'Until recently it has been customary for the seller to pay all of the closing costs. There is no set rule and the determination is made by the terms of the sales con- tract. It appears that the custom is rapidly changing, and the seller is able to dictate the terms rather than the buyer. At present, the majority of cases we handle are where each pays a part of the cost.' In Mr. McDonell's case the sales contract provided that the buyer would pay $800 towards closing costs (total of $1,614.45) plus prepay Items and the seller would pay all closing costs in excess of $600. In view of the changes in custom as to who pays what amount of closing 4-.

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