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B-200083 1 (1981-09-29)

handle is hein.gao/gaobadjte0001 and id is 1 raw text is: B-200083 / ;9j-YS THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548 DATE: September 29, 1981 Robert L. Hengstebeck - Release from Liability - Sale and Purchase of Residences Transferred employee sold old residence in Dearborn, Michigan, and buyer assumed mortgage. He arranged to purchase a new residence in Cleveland, Ohio, but lender in Cleveland required employee to obtain release from liability on Dearborn resi- dence before loan would be granted. Since the employee did not obtain release as a personal preference for own protec- tion, and release was prerequisite to obtaining financing on Cleveland resi- dence, customarily paid by purchaser, he is entitled to reimbursement of charge of $200 assessed for processing release from liability. This decision is in response to a request by Ms. V. G. Leist, Authorized Certifying Officer, Internal Revenue Service (IRS), Department of the Treasury, for a decision as to whether Mr. Robert L. Hengstebeck, an employee of the IRS, may be reimbursed for the cost of a $200 release of liability fee paid by him in connection with the sale and purchase of residences at his old and new official duty stations. A reclaim voucher seeking reimbursement of the $200 charge has been submitted for consideration. The question asked by Ms. Leist is whether the charge of $200 for the release from liability is to be considered a finance charge under Regulation Z, section 226.4, title 12, Code of Federal Regulations, 1980, and therefore, not reimbursable. Also for determination is whether the release from liability may be considered as a miscellaneous expense reimbursable under the provisions of paragraph 2-6.2d of the Federal Travel Regulations (FTR) (FPMR 101-7, May 1973). The facts, briefly stated, are as follows: By travel authorization dated Febriary 27, 1980, Mr. Hengstebeck was officially authorized to transfer from Detroit, Michigan, to Cleveland, Ohio. / .. . . DECISION FILE: MATTER 0I DIGEST: F:

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