About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-207262 1 (1983-05-10)

handle is hein.gao/gaobadlbf0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WAS SHIN GTO N. D. C. 20548 FILE: B-207262 DATE: May 10, 1983 MATTER OF: Jose A. Claus, T. J. Hannigan, and others DIGEST: 1. The construction of provisions of treaty and statute, as expressed in implementing regulations issued by those charged with their execution, must ordinarily be sus- tained in the absence of any showing of plain error, particularly when the regula- tions have been long followed and consist- ently applied with legislative assent. Hence, it may not be concluded that the method used to compute a tax allowance for Panama Canal employees, as consistently prescribed between 1958 and 1980 by regu- lations issued by the Secretary of the Army, unlawfully contravened the governing provisions of treaty and statute, even though another method might properly have been used. 2. A 15-percent tropical differential, and a tax allowance based on international dif- ferences in income tax rates, were author- ized under treaty and statute for certain Panama Canal employees until 1979, when a new treaty and statute took effect which instead authorized them to have a 25-per- cent retention differential. The Presi- dent did not act unlawfully in continuing to authorize the tropical differential and tax allowance by regulation after 1979, since by law he was vested with broad dis- cretionary authority to administer the retention differential and could there- fore order its payment in the form of a tropical differential and tax allowance. 3. The payment of a tropical differential and a tax allowance in 1979 and 1980 to cer- tain Panama Canal employees who were United States citizens did not contravene provisions of treaty and statute requiring that rates of basic pay of Panama Canal

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most