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B-185825 1 (1976-04-22)

handle is hein.gao/gaobaddot0001 and id is 1 raw text is: THE COIPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 %ITtV FILE: DATE: APR 2 2 1976 MATTER OF: Frank I. Belecky - Reimbursement of Legal Fees on Purchase of Residence DIGEST: Employee-purchaser was reimbursed for legal fees incurred for preparation of sales agreement by Title Guaranty Escrow Services, Inc. Believing the sales contract faulty he retained attorney who made certain revisions in the agreement. Because retention of counsel was duplicative of legal services provided by Title Guaranty, attorney's fee may not be reimbursed. This action is before us on a request received on January 30, 1976, from Marie A. Watkins, an authorized certifying officer of the Department of the Treasury, Bureau of Alcohol, Tobacco, and Firearms, for an advance decision as to the propriety of certifying for payment the reclaim voucher of Mr. Frank I. Belecky for certain legal expenses incurred incident to the transfer of his official duty station from Kansas City, Missouri, to Honolulu, Hawaii, pursuant to travel authorization number 1-73-36 dated May 4, 1973. The expenses incurred by Mr. Belecky in connection with the purchase of a residence at his new official duty station included legal fees in the amount of $52 charged by Title Guaranty Escrow Services, Inc., for the preparation of the Agreement of Sale, and for which he was reimbursed. Believing that the sales agreement was faulty and was slanted toward the seller, Mr. Belecky engaged the law firm of Rice, Lee and Wong which made changes, additions, and deletions in the sales agreement for which Mr. Belecky paid $54.08. Reimbursement of the fee paid to Rice, Lee and Wong was suspended on the ground that the services rendered were duplicative. Because Mr. Belecky has reclaimed the amount of that fee, the authorized certifying officer has requested our decision as to the amount of allowable attorney's fees. Authorization for the reimbursenent of certain legal expenses to transferred employees is found in 5 U.S.C. § 5724a, as imple.- mented by the followiing language of Federal Travel Regulations (FFMR 101-7) para. 2--6.2c (May 1973):

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