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B-198475 1 (1980-10-17)

handle is hein.gao/gaobadiqb0001 and id is 1 raw text is: 


                           TECOMPTROLLER GENE34AL
DECISIO       .         OF   THE   UNITED STATES
                        WASHINGTON, D.C. 20548



   E    B-198475              DATE: October 17, 1980


MATTER  OF: Charles E. Berg - Real estate expenses -
            Loan origination fee


DIGEST:


Employee may not be reimbursed loan
origination fee incurred incident to
financing a house purchased upon his
relocation since fee is finance
charge within the meaning of Regula-
tion Z, 12 C.F.R. 226.4(a).


     Mr. Charles E. Berg requests reconsideration of our
Claims Division's February 14, 1980 denial of his claim
for reimbursemen.t of a loan origination fee of $570
incurred incident to his purchase of a residence upon
the transfer of his official duty station from Fairbanks,
Alaska, to Aurora, Colorado. The denial is sustained.

     Mr. Berg's claim was denied on the basis that the
loan origination fee represented a cost incident to the
extension of credit within the purview of Regulation Z,
12 C-F.R. 226.4(a), ahd was thus not reimbursable under
the Federal Travel Regulations (FPMR 101-7) para-
graph 2-6.2d (May 1973).  The pertinent part of Regula-
tion Z states:

     S. 226.4 Determination of finance charge.

          (a)  General rule.  Except as otherwise
     provided in this section, the amount of the
     finance charge in connection with any trans-
     action shall be determined as the sum of all
     charges, payable directly or indirectly by
     the creditor as an incident to or as a con-
     dition of the extension of credit, whether
     paid or payable by the customer, the seller,
     or any other person on behalf of the cus-
     tomer to the creditor or to a third party,
     including any of the following types of
     charges:



          (2)  Service, transaction, activity,
     or carrying charge.


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