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B-200207 1 (1981-09-29)

handle is hein.gao/gaobadjto0001 and id is 1 raw text is: CIECISION FILE: B-200207 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: September 29, 1981 MATTER OF: Steven M. Calhoon - Real Estate Expenses - Attorney Fees Agency denied employee's claim for reimburse- ment of attorney fees on sale of residence since fees were excessive because employee sold his residence by a land sale contract whereby the purchaser takes equitable title in exchange for installment payments and seller retains legal title as security. We have held that expenses incurred incident to land sale contracts are reimbursable as long as the fees are within the custo- mary range for such services. However, HUD area office advised us that the fees claimed were excessive for similar services rendered in that locality and therefore employee should only be reimbursed within the customary range of fees. The National Treasury Employees Union (NTEU) has submitted the claim of Mr. Steven M. Calhoon for attor- ney fees incident to the sale of his residence. The issue presented is whether an employee may be reim- bursed for attorney fees which are higher than what is customary in the normal transaction because the employee sold his residence by a land sale contract to satisfy the changing real estate environment. The answer is that the employee may be reimbursed for such expenses as long as the fee is customary for the services rendered. This decision has been handled under our proce- dures at 4 C.F.R. Part 22 (1981) (originally published as 4 C.F.R. Part 21 at 45 Fed. Reg. 55689-92, August 21, 1980), and in this regard, we have received comments on this matter from the Internal Revenue Service (IRS). Mr. Steven M. Calhoon, an employee of the Internal Revenue Service, (IRS) was transferred from Mundelein, Illinois, to Green Bay, WisconsLi, on January 14, 1980. Mr. Calhoon put his house on the market, but due to high fi / ~~~- DIGEST:

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