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B-183972 1 (1976-04-16)

handle is hein.gao/gaobaddpi0001 and id is 1 raw text is: '*22 THE1.r CIVN7P TRO DL LEMR G0NITE RA L 01 S T HI~ I--UNITE A WSF THE UNITED STATES VV~ A SH INGTON., D .C. 20O5 4 FILE: B-183972 DATE: AR 16 1976 MATTER OF: Claude C. Persinger - Real Estate Expenses - Loan origination and underwriter's fee Disallowance of reimbursement for loan origination and underwriter's fee incurred by federal employee incident to purchase of residence upon transfer, is sustained. Both fees were finance charges within the definition of that term in section 106(a) of the Truth in Lending Act and thus are not reimbursable according to Federal Travel Regulations (FPIR 101-7) para. 2-6.2d (May 1973). This action is in response to a request from an authorized certifying officer of the National Finance Center, United States Department of Agriculture, as to the propriety of certifying for payment a voucher in favor of Mr. Claude C. Persinger representing real estate expenses in connection with the purchase of a residence in January, 1975, in Slidell, Louisiana,upon transfer of station from horgantown, West Virginia. The expenses include $300 for an origination fee and $12 for an underwriter's fee. Authority to reimburse a Government employee for expenses incurred in connection with the Durchase of a residence upon official transfer of station is found in section 5724a of title 5 of the United States Code (1970). Power to prescribe appropriate regulations implementing the above statute is given to the President. The President delegated his function under the statute to the Administrator of the General Services Administration (GSA) by Executive Order No. 11609, July 22, 1971. The governing, regulations promulgated by the GSA are contained in chapter 2, part 6 of the Federal Travel Regulations (FPM{, 101-7), May, 1973. Federal Travel Rfegulations (FR 101-7) para. 2-6.2d (May, 1973) provides in pertinent part that: * * * no fee, cost, charge or expense is reimburseable which is detsrmined to be a part of the finance charge under the Truth in Lending Act, Title I, Public Law 90-321, and Regulation Z issued pursuant thereto by the Loard of Governors of the Federal Reserve System. DIGEST:

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