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B-194203 1 (1979-05-07)

handle is hein.gao/gaobadher0001 and id is 1 raw text is: 



                            THE   COMPTROLLER GENERAL
DECISION                    DF   THE UNITED STATES
                             VVASHINGTON, D. C. 20548




FILE:  B-194203                      ATE:  MAY 0 7 1979

MATTER OF:( Lawrence F. Roth   r Real Estate
               Expenses - Loan Transfer Fee


DIGEST: Employee   may not be reimbursed loan transfer
           fee incurred incident to purchasing a house
           since fee is finance charge within the meaning
           of Regulation Z, 12 C.F.R. § 226.4(2) (1978).

     This action is in response to  eqest  dated February 20,
1979, from an authorized certifying otficer of the Department
of the Interior, regarding the propriety of certifying for
payment a reclaim voucher in the amount of $200 in favor of
Mr. Lawrence F. Roth representing a loan transfer fee incurred
in connection with the purchase of a residence in Kansas City,
Missouri.  The purchase was pursuant to a permanent change of
station from Sunnyvale, California.

     Mr. Roth's claim was denied by the Department of the
Interior on the basis that the loan transfer fee represented a
cost incident to the extension of credit within the purview of
Regulation Z, 12 C.F.R. § 226.4(a) (1978), and was thus not
reimbursable under the Federal Travel Regulations (FPMR 101-7)
para. 2-6.2d (May 1973). The pertinent part of Regulation Z
states:

     226.4  Determination of finance charge.

          (a) General rule.  Except as otherwise
     provided in this section, the amount of the
     finance charge in connection with any trans-
     action shall be determined as the sum of all
     charges, payable directly or indirectly by
     the creditor as an incident to or as a con-
     dition of the extension of credit, whether
     paid or payable by the customer, the seller,
     or any other person on behalf of the customer
     to the creditor or to a third party, including
     any of the following types of charges:


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