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B-193927 1 (1980-02-13)

handle is hein.gao/gaobadhyy0001 and id is 1 raw text is: E-CISION NI FILE: B-193927 MATTER OF: DIGEST: Qrv-) THE COMPTROLLE GENERAL OF THE UINITEM STATES WASHINGTON, 0. C. 20548 DATE: February 13, 1980 ,Edmonds.v. United States and.Hebert v. United States b-Payment of Interest on Judgment1 The permanent indefinite appropriation for payment of judgments (31 U.S.C. § 724a) is available to pay interest to a plaintiff whose judgment payment was delayed solely because the United States appealed and lost. Vaillancourt v. United States extended this principle to apply to situations in which the United States withdrew its appeal without a dispo- sition of the case on its merits. Payment of in- terest will also be permitted when Government appeals denial of motion under Federal Rule of Civil Procedure (FRCP) 60(b) to reopen judgment on coIateral issue and not on merits of the underlying judgment, since plaintiff's delay in receiving payment was caused by Government's unsuccessful appeal. This decision is in response to a request by the legal represent- ative of the classes of plaintiffs involved in Edmonds v. United States, Switzer v. United States, Wood v. United States, and Hebert v. United States, that interest be paid on judgments rendered for the plaintiffs in the respective cases. For the reasons stated below, interest should be paid on those judgments not paid prior to November 30, 1978 when the Government's appeal was dismissed. The interest period would run from the date the transcripts of the judgments were filed with the General Accounting Office to November 30, 1978. The plaintiffs were awarded judgments in their cases (the merits of which are not relevant to this discussion) and duly filed transcripts of the judgments with this Office in accordance with 31 U.S.C. § 724a (1976). The transcripts were filed with us between August 10 and Sep- tember 25, 1978. The judgments directed that payment be made in a lump sum to the-Clerk of _h1 1rict Court who would then distribute the money to the individual plaintiffs. Atter the Clerk had received the six checks that were involved from the Department of the Treasury but prior to distribution of the funds, the Internal Revenue Service (IRS) asked that taxes be withheld from the judgments. This request was not complied with because the judgments directed payment of the gross amount without providing that taxes be withheld. The United States then filed motions to resitrain distribution of the judgment money and w'A 4

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