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B-193566 1 (1979-05-11)

handle is hein.gao/gaobadhfm0001 and id is 1 raw text is: 



DECISION


p  THE COMPTROLLER GENERAL
   OF  THE UNITED STATES
   WASHINGTON, DC . 20548


FILE:   B-193566                 DATE:  May 11, 1979

MATTER   OF:   Paul Borisuk, M. D. - Attorney Fees


VA employee claims reimbursement for legal
services                        in sale of
residence at old duty station Charges for review
of sales and purchase contracts, examination of
abstract of title, reviewing of closing documents,
and other similar services are advisory in nature
and therefore, not reimbursable. Charges for
preparation of conveyance instrument, preparation
of certificate of abandonment, along with follow-up
services, and preparation of closing reports may
be reimbursed, provided such services customarily
furnished by seller in locality of residence.


   This action is in response to an appeal by Paul Borisuk, M.D.,
an employee of the Veterans Ad nis' ation (VA), from the settle-
ment action dated June 15, 1977, issued by our Claims Division,
which disallowed a portion of the exp  incurred by Dr. Borisuk OOU/
ret                 'ees  in connection with his..permanznt.change
of official station from Canandaigua, New York, to Mountain Home,
Tennessee, in October 1972.

   Pursuant to travel authorization dated October 3, 1972,
Dr. Borisuk was transferred from VA Hospital, Canandaigua, New
York, to VA Center, Mountain Home, Tennessee. In connection
with his transfer, Dr. Borisuk sold two separate tracts of land at
his old official station consisting of 8. 5 and 3. 6 acres of land. His
principal residence and a barn located on the 8. 5 acres were sold
on January 12, 1973. The 3. 6 acres and a barn were sold on
December  15, 1972. Reimbursement for the expenses relating to
the sale on January 12, including the attorney's fees in question,
were allowed. However, reimbursement  for the expenses relating
to the sale on December 15 were disallowed by the VA, and sus-
tained by the settlement action of our Claims Division of June 28,
1976, as the 3. 6 acres had been separated from the 8. 5 acres uon
which the employee's residence was located and therefore did not
reasonably relate to the resid ce site. Parapraoh 2-6. 1(f),
Federal Travel Regulations TR)  (FPMR  101-7) (May 1973).


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