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B-187056 1 (1976-11-24)

handle is hein.gao/gaobaddzr0001 and id is 1 raw text is: 




                          THE  CarvTROLLER SfNERAL
DECISION       .          OF   THE   UNIT     D  STATEB
                -         WASHINGTON, D.C. 20548



F! L E:                         DATE:  NOV  2416
          B-18705S
MATTER   OF:
                 Clyde W. Myers - Relocation Expenses -
                 Sales Tax on Mobile Home Purchase
DIGEST:
              Civilian employee of Army Corps of
              Engineers in transfer of official duty
              station seeks reimbursement of $122
              representing Alabama sales tax paid
              by him in purchase of mobile home
              at new duty station. Under Code of
              Alabama, title 51. section 786(3),
              sales tax paid by claimant on purchase
              of his mobile home is excise or sales
              tax on act of transferring title and
              rights of ownerrhip, not property tax
              upon mobile home, with ultimate bur-
              den cof tax passed on to consumer.
              Therefore, under paragraph 2-6.2d,
              Federal Travel Regulations, and
              2 Joint Travel Regulations para.
              C8352d, reimbursement of tax paid
              may be authorized as transfer tax.

    This action is In response to a request by Mr. James K. Lynn,
Disbursing Officer, Corps of Engineers, Pavannab District,
Department of the Army. for our decision as to whether he has the
authority to authorize reimbursement of the Alabama state sales
tax paid by Mr. Clyde W. Myers, an eumployee of the agency, on
the purchase of a mobile home in connection with his transfer of
official duty station.

    The record discloses that by Travel Order No. 528, dated
September 12, 1973, Mr. Myers wan transferred fron Texarkana,
Texas, to West Point, Georgia. Incident to this transfer,
Mr.  Myers purchased a mobile home in Alabama In the vicinity of
his new duty station and paid an additional num of $122 on such
purchase representing the Alabama state sales tax. The sole
question is whether Mr. Myers irs entitled to reirmbursernent of
the sales tax which he paid.

    At the time of Mr. Myers' transfer, payment of travel and
relocation expenses of civilian Government employees was governed
by the Federal Travel Regulations (FPMIt 101-7) (May 1973), and
volume 2 of the Joint Travel Regulations (JT). Paragraph 2-6. 2d
of Federal Travel Regulations and paragraph C8352d of volume 2,

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