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B-186814 1 (1977-03-08)

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                                              aWfi. Wotherpoon
                                's Div.Pers.
                          3. THE  COMPTROLLER GENERAL
DECIMION         .         . a    THEC   UNITMO STATERS
                             WAHINGTON, D.C. 20             48



FILE:  3-186814                    DATE: March 8,   19TT

MATTER LF: Richard D. Abeyta - Relocation Erpenses -
                Closing Costs


Employee who purchased residence at new duty
station incident to tranfer of duty station
claims closing coots paid by seller but
included in purchase price. Since closing
costs are clearly discernible and separnble
from price allocable to realty, both buyer
and seller regarded costs as having been
paid by buyer, and costs are properly
dbcumanted, claim may be paid.


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DIGEST:;


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     This action is in response to a letter dated May ?5, 1976,
from LT  F. P. Spera. a finance and accounting officer of the
Department of the Army, as to the propriety of certifying for
paymenat  voucher.in the amount of $881.38 representing expenses
incurred by Mr. Richard D. Abeyta in connection 'with his purchase
of a new home incideat to the trannfer of his official ditty
station as an employce of the Department of the Army from Red
River Army Depot, Texarkana, Texas, to Edgewood Arsenal, Aberdeen
Proving Ground, Maryland.

     The memorandum of settlement, dated September 23, 1976,
provides an itemized account of the closing costs, ;howing them
as having been paid by the seller of the house. However, two
letters from the Vice President of Chesapeake Homes, Inc., the
seller, to the Department of the Army state that the closing costs
were incorporated into the price of the .ouse and were paid by the
buyer, Mr. Abeyta, as part of the purchase price.

     Paragraph C8350 of Part H, chapter 8, Volume 2, Joint Travel
Regulations (JTR) (1973) provides, in pertinent part, that:

          ' ' * An employee will be entitld tc
     reibursement for expenses required to be paid
     by him.ain connection with the sale of his
     resid.ice at his old duty station; the purchase
     (including construction) of a residence at his
     new duty station * ' * after he has signed the
     required transpurtation agreement and provided
     that:


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