About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-194314 1 (1979-06-28)

handle is hein.gao/gaobadhiy0001 and id is 1 raw text is: 






DECISION





FILE:  B-194314

MATTER OF:


DIGEST:


THE  COMPTROLLER GENERAL
o1F  THE UNITED STATES
W   DAASHINGTNJ  , uC. 20548


                            /01 6/7c

       DATE:  June 28,. 1979


Mr. Michael A. Pokorski


Transferred employee laims4.eimbursement for
loan origination fee incident to purchase of
home it new location. Charges contained in
such a lump-sum fee may only be reimbursed
if they are excludable from finance charges
under Truth in Lending Act by Regulation Z,
12 C.F.R. 226.4(e) and itemized to show the
portion of the fee allocable to each item.
To the extent that a portion of the loan
origination fee is not itemized and a specific
amount allocable, it must be presumed to be
finance charges and non-reimbursable.


     This action is in response to a letter from Mr. Michael A.
Pokorski, an employee of the Defense Logistics Agency, concern-
ing his claim for reimbursement for certain real estate expenses
incurred incident to his official change of station in 1977.

     The file shows that incident to his official change of
station, Mr. Pokorski purchased a home at his new station.
According to the settlement papers, he was charged an unitemized
cost of $300 under the category of a loan origination fee. By
settlement dated September 26, 1978, the claim was disallowed
based on decision B-ldd3i9. MarchL2-,  which held that an
unitemized loan origination fee may not be reimbursed since it
was presumed to include finance charges, which, under para-
graph 2-6.2d of the Federal Travel Regulations, are not reim-
bursable.

     On reclaim, Mr. Pokorski provided an itemization totalling
$178.25.  Payment was authorized on March 2, 1979. Left out-
standing was a $121.75 cost. Mr. Pokorski contends that that
amount represents the fee for the escrow agent in the settlement
transaction, but admits he is unable to establish it as such.

     Paragraph C14002 of Volume 2 of the Joint Travel Regulations,
provides in part:


C,


?1, iv - i

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most