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B-185095 1 (1976-08-13)

handle is hein.gao/gaobaddho0001 and id is 1 raw text is: 



DECISION


FIL E:I


DATE:


AUG 1 3 1976


         B-185095
  MATTER   OF:
              Marion B. Gamble - Real estate expenses incurred
              incident to lease with option to purchase
  DIGEST:
          Employee reclaims expenses incurred incident
          'to lease -with option to purchase entered into
          on residence at new duty station. For purpose
          of 5 U. S. C. 5 5724a(a)(4) (1970) and imple-
          menting regulations found at Part 6, Chapter 2,
          Federal Travel Regulations, term purchase
          has been held to require, at the least, transfer
          of equitable title in property. Option to purchase
          does not, in itself, give lessee any title to
          property. Accordingly, expenses incurred
          solely due to execution of lease with option to
          purchase are not for reimbursement under
          applicable law and regulations cited above.

   This action is in response to the request dated October 6,
1975, from Glen E. Pommerening,  Assistant Attorney General
for Administration, U. S. Department of Justice. Mr. Pommerening
requests an advance decision as to whether reimbursement may
be made for expenses incurred by Mr. Marion B. Gamble, an em-
ployee of the Bureau of Prisons, incident to his entering into a
lease with option to purchase on a residence at his new duty station.

    Mr. Gamble was transferred from Englewood, Colorado, to
San Francisco, California. effective July 21, 1974. Incident to
that transfer, he attempted to purchase a residence in Foster City,
California, for $55, 000. Apparently, there was difficulty in con-
summating  the purchase and Mr. Gamble entered into a lease with
option to purchase arrangement on August 29, 1974.

    He was assessed the following changes Incident to the lease
with option to purchase:


                  Escrow Fee                      $109. 0
                  Title Insurance Policy Premium   271.0(
                  Notary Fees                        4. 0
                  Recording Fees                     10 .0
                                                  $394.0

    On June 12, 1975, he exercised his option to purchase and
was assessed the following charges incident to the purchase:


0

0
0


THE  COMPTRO-LER GENERAL
OF   THE   UNITEO STATES
WASHINGTON, D.C. 20548

                              L j36

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