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B-195462 1 (1980-04-22)

handle is hein.gao/gaobadiey0001 and id is 1 raw text is: 


                  0%,LER  CPt\,
                Q6o        THE COMPTROLLER GENERAL
                DECSI ..   o   THE UNITED sTATEB
                           WASHING'T0N, D. C. 20548




FILE:   B-195462                 DATE:  April 22, 1980

MATTER   OF:  William A. Worochock'- Temporary  Quarters
              Subsistence  xp rises and Reimbursement for
              Attorney's Fees for Purchase and Sale of
DIGEST:       Residence

        1.  Employee was transferred from Guam to United
            States and authorized 60 days of temporary quarters
            subsistence expenses (TQSE). He moved into
            temporary quarters in Guam before traveling
            to United States. Upon arrival in United States
            he went on annual leave before reporting to official
            duty station in New York at which time he reentered
            temporary quarters. Employee is only allowed to
            receive TQSE for 60 consecutive days once entitle-
            ment to TQSE starts. However, he may opt to claim
            TQSE beginning at time he entered temporary quarters
            in Guam or when he reported to official duty station
            in New York.

        2.  Employee incurred attorney fees incident to both
            the purchase and the sale of a residence before
            April 27, 1977, the date of decision in George W.
            Lay, 56 Comp. Gen. 561. In connection with the
            residence purchase in 1974, he may not be reim-
            bursed for lump-sum fee paid to his attorney.
            In connection with sale of residence in 1976 employee
            may not be reimbursed for services performed by
            his attorney which included correspondence with
            bank, broker, client and purchaser, since services
            were of an advisory nature. In both cases, the
            fees paid are not reimbursable for settlements
            prior to Lay decision.

        3.  Employee may be reimbursed for bank's attorney's
            fees incident to purchase of his residence in 1974
            since those fees were for the review of documents
            at closing, were reasonable for the locality involved,
            and purchaser was required to pay them.

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