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B-183443 1 (1975-07-14)

handle is hein.gao/gaobadcma0001 and id is 1 raw text is: THE COMPTPF'.LEFI O ENRPAL E CISION OF THE UNITE.D STATEzS / WASHINGTON, .C. 2054 8 FILE: DATE: JUL 1 4 1975 B-183443 -7 3 c MATTER OF: Thomas A. McDonnell -- Reimbursement of DIGEST: ittorney's fees Employee claims reimbursement for attorney's fee paid incident to purchase of residence at new duty station on which employee assumed existing mortgage. Thc charges for the review of purchase offer agreement, consultation with lending institution, etc. are advisory in nature and, therefore, not reimbursable. The charge for examination and certification of title search and suiirey is reimbursable only to the extent it covers updating title examination and survey from date of existing loen since such updating is practice in area of residence. The closing attendance fee is reimbursable only if it represents charge for conducting settlement, as opposed to services of an advisory nature. This decision is rendered at the request of Ethel Wedeieyer, Authoriz;ed Certifying Offce:, United States SeLLet Srvice, Department of Treasury, for an advance decision as to whcther she may certify for payment a voucher for $540. The question presented is whatiher attorney's fees incurred by Thcmas A. McDonnell, an employee of the Department, incident to his transfer from Washington, D. C., to Buffalo, New York, are advisory in nature and, therefore, not reimbursable under the provisions of Fcderal Travel Regulations (FPMR-101-7) para. 2-6.2c (May 1973). Mr. McDonnell was transferred effective April. 14, 1974. Incident to the transfer he purchased a home in the vicinity -of his new official station and incurred $540 in attorney's fees in connection with such purchase. Mr. McDonnell provided two itemized statements of the attorney's fees, one providing a brief description of the servicesperformed by the attorney with- out any dollar value attributed to each service.and another providing a breakdown of the cost of each service. Since the second statement provides itemized costs of each service and it appears to be more complete in detail, our primary consid- eration will be focused on it, referring to the first itemization for additional clarity, where needed. The second itemization is as follows:

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