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B-229352 1 (1988-08-22)

handle is hein.gao/gaobadnen0001 and id is 1 raw text is: 

The ComptroUer General
of the United States
Washington, D.C. 20548

Decision



Matterof: R. Lawrence Heller - Loan Origination Fee

File:     B-229352

Date:     August 22, 1988


DIGEST

A transferred employee claimed a loan origination fee of
3 percent, but the agency limited reimbursement to
1 percent. Absent a definitive showing that the customary
charge in the area was greater, our decisions have limited
reimbursement to 1 percent. Since the employee has not
submitted sufficient evidence to satisfy this requirement,
he may not be reimbursed for the additional 2 percent
charged.

DECISION

This decision is in response to a request from an Authorized
Certifying Officer, Central Region, Internal Revenue
Service (IRS), Department of the Treasury. It concerns the
entitlement of one of its employees to be reimbursed a
3 percent loan origination fee incident to a permanent
change of station in October 1985. We conclude that the
employee is limited to reimbursement equal to 1 percent of
the loan for the following reasons.

Mr. R. Lawrence Heller, an employee of the IRS, was
transferred from Terra Haute, Indiana, to Indianapolis,
Indiana, and he purchased a residence in the Indianapolis
area. He requested reimbursement for a 3 percent loan
origination fee ($1,800), but the agency allowed only
1 percent based on information received from the Department
of Housing and Urban Development (HUD) servicing the
Indianapolis area and on our decision in Roger J. Salem,
63 Comp. Gen. 456 (1984). The agency notes, however, that
the HUD information was based upon the customary charges in
the area for FHA/VA mortgages, not conventional rates, since
HUD does not maintain those statistics.

Mr. Heller contends that the agency regulations provide
that a loan origination fee is payable if customarily paid
in the locality of the residence. Further, ne states that
he made contact with over 15 lending institutions in the

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