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B-218953 1 (1986-06-26)

handle is hein.gao/gaobadmjk0001 and id is 1 raw text is: 7 THE COMPTROLLER GENERAL OECISION OF THE UNITED STATESI WASHINGTON. 0.C. 20548 FILE: B-218953 DATE: June 26, 1986 MATTER OF: Thomas A. Cardoza DIGEST: A transferred employee may not be reim- bursed a second attorney's fee for advisory and representational legal services in negotiating an escrow account to correct construction defects in the newly constructed residence he purchased at his new duty station. Payment of a second attorney's fee by the purchaser was not customary in the locality and the particular legal services rendered were related to construction of the residence rather than to the conveyance of title to the property. Reimbursement of expenses related to construction is expressly prohibited underithe regulations. In this decision we hold that Mr. Thomas A. Cardoza, an employee of the Internal Revenue Service, Southeast Region, is not entitled to reimbursement for a second attorney's fee he paid for establishing an escrow account to ensure correc- tion of defects in the construction of his new residence.i/ Background In June of 1984, Mr. Cardoza was transferred by the Internal Revenue Service from San Francisco, California, to Atlanta, Georgia, where he contracted for the purchase of a home to be constructed at his new duty station. He paid a $614 fee to a law firm to perform the legal work needed to close the sale of the home. Representing him, the mortgage company, and the seller, this firm conducted the title search and prepared the necessary legal documents for the closing. It is customary for the purchaser in the Atlanta 1/ Mr. G. J. Pellon, Authorized Certifying Officer, Internal Revenue Service, Southeast Region, requested our decision.

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