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B-238023 1 (1990-02-22)

handle is hein.gao/gaobadnrq0001 and id is 1 raw text is: 


LThe Comptroller General
          of the United States
          Washington, D.C. 20548
          Decision




          Matterof: Norman E. Browne

          File:     B-238023

          Date:     February 22, 1990


          DECISION

          Mr. Browne is a transferred employee who purchased a resi-
          dence near his new duty station on November 30, 1987, and
          was charged a 2-1/2 percent loan origination fee. The
          agency limited reimbursement to 1 percent based on the fact
          that the lender did not itemize its administrative charges,
          nor was there documentation to show that amounts greater
          than 1 percent were reasonable and customary in the local-
          ity. Mr. Browne has appealed that disallowance.

          In a recent decision, Wayne Pfeffer, B-234288, Feb. 8, 1990,
          we ruled that under a revision to the Federal Travel Regula-
          tions, para. 2-6.2d(1)(b) (Supp. 26, effective October 1,
          1987), in order for an employee to be reimbursed for a loan
          origination fee in excess of 1 percent of the loan amount,
          he must show by clear and convincing evidence, including an
          itemization of the lender's administrative costs, that the
          higher rate does not include prepaid interest, points, or a
          mortgage discount. In addition, the higher rate must be
          shown to be a rate customarily charged in the locality of
          the residence.

          In this case, Mr. Browne did not furnish an itemization of
          the lender's administrative costs which would specify what
          charges the additional 1-1/2 percent fee covered. Where
          such itemization is not furnished, the employee may not be
          reimbursed the additional expense, regardless of the effi-
          cacy of any other supporting evidence. Accordingly, we
          sustain the disallowance of Mr. Browne's claim.




          a e F. Hi chma
          eneral Counsel







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