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

B-191745 1 (1978-09-29)

handle is hein.gao/gaobadjal0001 and id is 1 raw text is: 







DECISION


FILE: B-191745

MATTER OF:


THE COMPTROLL
c F r14 a. UNI%,
WAS IN 0 TON, 


                    DATE: Beptaber 29, 91f8
Bob B. Myers - Real Estate Exptnses -
Attorney's Fees
              I


DIGEST:


Lnployee claims reimbursernt for fees for advisory legal
services incurred incident to purchase of new resi-
dence on Nov ;,ber 22, 1977, in con'oction with
permanent chlngt. of station, Pursuant to decision
in Matter of Jeorse!W. Lay, 56 Coump. Gen. 561 (1977),
empi-oye is entitled to reimbursement to extent
that fees are both customarily paid ari are within
the Customary range of charges in locality of
residence.


      This action is in response to an April 20, 1978 request
 b?, James E. Lewis, Chiaf, Finance Division, Department of
 Transpo-tacion, for an advance decision (rcmerning a claim by
 H',. Bob B. Myers, an empoyee of, the Federal Hightway Administra-
 ttan (FhtA), for legal fees inc6iirred incident to the purchase
 Wl .a new ,esidence in cnnection with a permanent change of
 station.

    --The record indicates that. in January 1977 Mr. 14ers was
 authbrined relocation expenses Incident to his transfer from
 De:ver1 Coloradc, to WLehington, D.C. Mr. Myers purchased a
 remideno  in Arnol4 Maryland, outside Washington, D.C., and
.settlemcnt was made-on November 22, 1977. He has claimed
relmbur ement for '-1.al f§es..incurred f6r advisory services
in-connection with this purchase. We are asked whether the
claim may be paid in accordance with 56 Comp. Gen. 561 (1977).

      Statutory authority for reimbursement of the legal ex-
 penses of residence transactions of transferred employees is
 fouhrdat 5 U.S.C. 5724a (1976)., Regulations implementing that
 authority at the time of Hr. Myers' transfer are found in parQ.
 2-&.2c of the Federal Travel Regulations (FPMR 101-7, May 1973).
 in Matter of George W;.llay, 56 Comp. Gen. 561 (1977), we re-
 viewed our past policy conczrning tne extent to whit'hi.legal fees
 may be reimbursed. We hel- thatnecessary and reasbnable
 legal fees and costs,.excluding fees and costs of litigation,
 incurred by reason of th' purchase or sale of a residence
 incident to a permanenG change of station may be reimbursed
 provided that such costs are customarily paid by the seller of
 the old official station or the purchaser aL the new official
 station and are within the customary range of charges for such


L


I


TATIE *


.2054


Is


t'.

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