About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-185739 1 (1976-06-03)

handle is hein.gao/gaobaddlg0001 and id is 1 raw text is: 


          CL THE  COMPTROLLER GENERAL
*N    *OF THE UNITED STATES
            WASHINGTON. D.C. 2ZC548


FILE:    B-1

MATTER O


DIGEST:


DATE:      JUN 3  1976


85739


     Arthur J. Libertucci, Jr. - Relocation
     Expenses - Legal Fees

Transferred employee who reported to his
new duty station before settlement for the
sale of his residence at his old duty
station occurred, may be reimbursed for
cost of preparing power of attorney that
was required because of his inability to
attend settlement.  Employee may also be
reimbursed for attorney's fee for con-
ducting settlement and acting as escrow
agent.


     This matter arises from a request for an advance decision
submitted by Ms. Marie A. Watkins, an authorized certifying
officer of the Department of the Treasury, Bureau of Alcohol,
Tobacco and Firearms, as to the propriety of certifying for
payment a voucher in the amount of $125 in favor of
Mr. Arthur J. Libertucci, Jr., for certain expenses incurred
incident to the sale of his home at the time of his transfer.

     According to the record before us, Mr. Libertucci was
required to report to his new duty station by February 16, 1975,
but the settlement for the sale of his residence at his old duty
station did not take place until April 11, 1975. Mr. Libertucci
is seeking reimbursement for $75 for the preparation of a power
of attorney that authorized his lawyer to execute all required
documents at the settlement, since neither Mr. Libertucci nor
his wife could attend because of their presence at his new duty
station.  Additionally, Mr. Libortucci-is seeking to be reim-
bursed for the $50 charged by his attorney for Attendance at
closing and acting as intermediary between the purchaser, the
bank and you.  The record also shows that the attorney acted
as the escrow agent for the sale, disbursing the proceeds of
the sale to the appropriate parties, apparently through the use
of his trustee account.

     Both the above issues have been previously considered by
this Office.  In B-176876, November 27, 1972, we held that
reimbursement-of-the cost of a power of attorqey .was proper
where the employee was unable'to attend the settlenent because


[.


9~rg47

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most