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B-183162 1 (1976-01-27)

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THE  COMPTROM.JR GENERAL
OF   THE UNIT M STATES
WASHINGTON. 0. C. 20548



       DATE:         2 7 1976


2
James A. Morgan   Relocation expenses  I

                                                 q9191


Employee who purchased residence in Miami, Florida,
Incident to transfer to Miami from Washington, DC.,
may be reimbursed for payment of Florida surtax,
since surtax is 'mortgage or transfer tax within
meaning of FTR para. 2-6.2(d) (May 1973). Reim-
bursement may not be made for payment of attorney's
fee for attendance at closing or for telephone calls
by attorney, since such services are advisory in
nature.  Reimbursement for payment of loan assump*
tion fee, which is considered finance charge under
Truth in Lending Act, is precluded by FTR para.
2-6.2(d) (May 1973).


     This action is in response to a request for a decision by an autho-
used  certifying officer whether a reclaim voucher in the amount of $93.65
submitted by Mr. James A. Morgan, an employee of the Drug Enforcement
Administration (DEA), may be certified for payment. The amount includes
the following expenses incurred by Mr. Morgan in connection with the pur-
chase of a new residence in Miami, Florida, Incident to his transfer to
Miami from  ashington, D.C.#


Attorney's fee for attendance at closing,-
telephone calls by attorney
Florida surtax
Loan assumption fee


$25.00
$10.00
$23.65
435.00


     Reimbursement for the payment of legal fees in connection with real
estate transactions is governed by Federal Travel Regulations (FPMR 101-7)
para. 2-6.2(c) (May 1973), which provides as follows:

          *    Legal and related expenses. To the extent such
     costs have not been included in brokers' or similar services
     for which reimbursement Is claimed under other categories,
     the following expenses are reimbursable with respect to the
     sale and purchase of residences if they are customarily paid
     by the seller of a residence at the old official station or
     If customarily paid by the purchaser of a residence at the
     new official station, to the extent theydo not exceed


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