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B-183160 1 (1975-11-17)

handle is hein.gao/gaobadcsu0001 and id is 1 raw text is: 'i THE COMPTR .LEt GENERAL O3ECISICn . I . OF THE UNITED STATES ' W ASHINGTON, D. C. 2054E3 FILE: DATE: NOV 17 1975 B-183160 MATTER OF:. Stephen J. Petro - Attorney's Fees on Purchase of Residence DIGEST: Employee was required to pay the bank's legal fees in connection with purchase of residence at new official station, lie is entitled to reimbueanent of attorney's fees for the custcmary services necessary to conplete the purchase under FTR para. 2-6.2c (May 1973). Employee also retained his own attorney because of complications with abstract of title. The portion of that fee paid to his attorney because of the title problem is reimbursable since independent legal services were necessary to assure clear title. The balance of the fee for survey and attending the closing are duplicative and may not be reimbursed. This action is before us on a request from an authorized certifying officer of the ecrtment of the Treasury, United States Secret Service, as to the propriety of certifying for payment the reclaim voucher of Mr. Stephen J. Petro for expenses incurred in connection with the trais- fer of his official duty station from Uashington, D.C., to buffalo, New York, on July 7, 1974. The record shows that part of the expeases incurred by Mr. Petro in connection witlh the purchase of a residence at his new official duty station included legal fees charged by Diebold and Millonzi, attorneys for the mortgagee bank, which in New York are custcmarily paid by the purchaser. He also paid the legal fees charged by Flierl and Flieri, attorneys at law, whom he retained for the protection of his own interests. Except for a $50 charge for preparation of mortgage legal documents which was allow-ed, the certifying officer disallow0ed the claia for legal fees on the ground that they were both edvisory in nature and duplicative. Mr. Petro reclaimed $335 for the balance of the fee charged by Diebold and Millouzi, and $300 for the fee charged by Flicl and rlierl. The certifying officer has requested our decision as to the amount of allow- able attorney's fees. The pertinent regulation applicable in this case is Federal Travel Regulations (FPER 101-7) para. 2-6.2c (lay 1973), which provides as follows:

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