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B-189381 1 (1977-12-15)

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89381


THU  CCMPTROLLIF RIDNERAL
OP   THE UNITEC ETATES a
WASMINGTON. D.C. 30540l


DATE:   December 15, 1977


IF: Charles 1. Smith - Real Estate Expenses -
    Finance Charge

1.  Transferred employee incurred loar.
    origination fee in amount of 2 per-
    cent of mortgage on home purchased at
    new station. Loan fee is finance
    charge under Regulation Z and may not
    be reimbursed except for specific
    fees which are excluind by 12 C.FH.
    226A4(e) from computtion of finance
    charge. Itemization of fee by lender
    conaisted only of estimated charSes
    assessed by othe' lenders for similar
    services. Reimbursement is denied
    be-ceavse lender must identify with
    spec.. icity its own actual feea which
    comprise the finance charge.


           2.  Decision in Georre W. Lay, 56 Comp.
               Gen. 561 (1977) oncerned payment of
               legill fees tncurred tinder FTR para.
               2-6'2e, andia not applicable to
               reiabursement of finance charges
               gobvned by PTR para. '2-6.2d and
               Regulation Z. Thus, l-Igal or attor-
               ne's Tees. which compri-o part of
               finanbe charge assessed under Regula-
               tion X must be itemized, and reim-
               bursenient may be made only for
               specific services excluded from
               ccmputation of finance charge.

     By letter dated June 14, 1977, Mr. Dvain R. Winstead, Chief
of the Fiscal Service, '6terans Administration Hospital,
Tuscaloosa, Alabama, requested our decisicn concerning the claim
of Mr. Charles W? Smith for reimbursement of certain finance charges
incurred incident to the purchase of a residence at his new duty
station.

     The record indicates that upon transfer to Tuscaloosa,
Mr. Smith purchased a house and financed it through the First


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