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B-164746 1 (1975-12-19)

handle is hein.gao/gaobaddui0001 and id is 1 raw text is: 



'DECISION


FILE:


           THE  COMPTROLLdR GENERAL
-          OF   THE UNITED STATES
           WASHINGTON; D.C. 20548


DATE:


B-164746


DEC 19 1975


MATTER OF:       James Y. Kurihara - Legal Fees, Recording
                 Fees and Finance Charges
 DIGEST:
             1. Employee's claim for legal fees for attorney's service
                in reviewing option and sale agreement - services
                which involve legal advice and counseling - may not be
                paid under Federal Travel Regulations (FPMR 101-7)
                para. 2-6. 2c (May 1973). However, that portion of
                the legal fees attributable to recordation of option
                purchase agreement may be reimbursed under FTR
                para 2-6. 2d (May 1973) to the extent such cost is
                customarily paid by the purchaser of a residence at
                the employee's new official station.

             2. Claim for reimbursement of 1 percent loan fee paid
                to employee's mortgagee in connection with purchase
                of residence at new official station is for disallow-
                ance as a finance charge under Federal Travel
                Regulations (FPMUR 101-7) para. 2-6. 2d (May .1973)
                and 12 C. F. R. § 226.4 (1973), in the absence of a
                statement by the mortgagee indicating the portion
                of the total fee representative of charges which are
                excluded in computing the finance charge .under
                12 C. F. R. S 226. 4(e) (1973).

   We  are requested to consider the appeal by Mr. James Y. Kurihara
from the administrative disallowance of his claim for reimbursement
of legal expenses in the amount of $162 and a $750 loan processing fee.
Both items of expense were incurred in connection with Mr. Kurihara's
purchase of a residence in Hawaii incident to his official change of station
to that location on August 26, 1973, as an employee of the General
Accounting Office.

    Mr. Kurihara's claim for reimbursement of legal fees is made
pursuant to Federal Travel Regulations (FPMR 101-7) para. 2-6. 2c
(May 1973). That section provides as follows:

         c. 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

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