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B-182835 1 (1975-02-07)

handle is hein.gao/gaobadcfo0001 and id is 1 raw text is: 


                             THE  COMPTROLLER GENERAL
DECISION         .     r     OF   THE    UNITED      STATES
                              WASHINGT0N, 0.C. 20548




FILE:    B-182835                   DATE:    February 7, 1975

MVIATT ER O F:
                  Robert Kuessner - Relocation expenses - Loan
                  origination fees
DIGEST:
            Although employee, who incurred loan origination fees
            in June 1972, claimed reimbursement on ground he relied
            on obsolete regulations allowing such reimbursement,
            his claim was properly disallowed since section 4.2d
            of Office of Management and Budget Circular A-56,
            effective September 1, 1971, precludes reimbursement
            for real estate expenses incurred incident to transfer
            which are considered finance charges under Truth in
            Lending Act and Regulation Z issued pursuant thereto
            and regulation is binding although employee had no
            knowledge of it.

      Pursuant to a request submitted on behalf of Mir. Robert Kuessner
 by Congresswoman Marjorie S. Holt, we have reviewed the disallowance
 of his claim for reimbursement for a loan origination fee of $892
 incurred incident to a transfer of duty station in 1972.

      The record indicates that Mr. Kuessner was transferred by
 Travel Order 2-1FS-0682, dated February 10, 1972, from Suitland,
 Maryland, to San Juan, Puerto Rico. Among the expenses incurred
 in making the transfer was a fee of $892 to cover the costs
 involved in originating and closing a loan for the financing of
 a new hone on June 19, 1972.  The claim for reimbursement for this
 expenditure, Claim HTunber Z-2505438, was disallowed by our
 Transportation and Claims Division in its Settlement Certificate
 dated October 10, 1973.  Mr. Kuessner believes that he should be
 reimbursed since such costs were reimbursable under obsolete
 regulations which were at his disposal.

 *    Section 5724a of title 5, United States Code (1970), authorizes
 reimbursement for real estate expenses as follows:

           (a)  Under such regulations as the President
      may prescribe and to the extent considered necessary
      and appropriate, as provided therein, appropriations
      or other funds available to an agency for adminis-
      trative expenses are available for the reimbursement
      of all or part of the following expenses of an employee
      for whom the Government pays expenses of travel and
      transportation under section 5724(a) of this title:


                         01 *          *

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