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B-195593 1 (1980-01-22)

handle is hein.gao/gaobadhxi0001 and id is 1 raw text is: 

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                      p THE COMPTROLLE GENERAL
DECISIOl                OF  THE   UNITED STATES
                        WASHINGTON, D.C. 20548
                 UA IE


FILE:  B-195593             OATMi   January 22, 1

MATTER  OF:   Stephen R. Hopkins - Real estate
              expenses  Transfer tax

DIGEST:  Employee paid full mount of transfer
         tax on purchase of real estate. Evi-
         dence was submitted by employee indi-
         cating that it is customary for
         purchaser to pay all of the transfer
         tax in the local community where the
         property was purchased although in
         other areas of the county only 50 per-
         cent of the transfer tax is paid by
         the purchaser. Employee may be reim-
         bursed for all of the transfer tax paid
         by him in connection with purchase of
         residence incident to his transfer.


980


     The issue presented in this case is whether an
employee may be reimbursed all of the transfer tax paid
by him in connection with the purchase of a residence
incident to his transfer where it is shown that as a
usual practice in the county generally the transfer tax
is split equally between the purchaser and seller but
that in the particular community where the employee's
property is located all of the transfer tax is paid by
the purchaser.  The employee may be reimbursed all of
the transfer tax.

     The matter is presented here by a letter fromo
John H. Bransby, Finance and Accounting Officer, Depart-
ment of the Army, Baltimore District, Corps of Engineers.

     Stephen R. Hopkins, an employee of the U.S. Army
Corps Engineers, was transferred from Waterloo, New York,
to Tioga, Pennsylvania. Upon transfer he purchased a
home in the Lawrenceville Subdivision of the community
of Lawrenceville, Tioga County, Pennsyvlania. At the
time of closing, he paid a transfer tax amounting to
2 percent of the purchase price. It is the usual prac-
tice in Tioga County for the transfer tax to be split
equally between the purchaser and seller. Therefore,
upon application for reimbursement of the real estate

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