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B-201061 1 (1981-06-16)

handle is hein.gao/gaobadjls0001 and id is 1 raw text is: 



DECISION





FILE:  B-201061


DATE:JUN 1 6 1981


MATTER OF: Ronald S. Taylor - Real Estate Expenses -
            Finance Charges


DIGEST:


Employee may not be reimbursed for lump-
sum payment to third-party lending in-
stitution which prepared financial docu-
ments ultimately used by loan originating
institution for conditioned purpose of
extending credit to finance employee's
purchase of home. Since fee paid to
third party lending institution was
stated as lump-sum payment for expenses
and overhead and is finance charge within
the meaning of Regulation Z (12 C.F.R.
Part 226), reimbursement is precluded
absent itemization to show items ex-
cluded by 12 C.F.R. § 226.4(e)° from the
definition of finance charge.


     This action is in response to a request from
Mr. John Gregg, an a'thorized certifying officer with the
General Services Administration (GSA), regarding the pro-
priety of certifying for payment an item on a travel voucher
for real estate expenses in the amount of $926.50 in favor
of Mr. Ronald S. Taylor, a GSA employee who was officially
transferred from Atlanta, Georgia, to Washington, D.C., ef-
fective October 21, 1979. Pursuant to the analysis which
follows, we conclude that the $926.50 amount in question may
not be certified for payment since it is a finance charge,
and does not qualify as a incidental expense as contended
by Mr. Taylor.

                        BACKGROUND

     Briefly, the agency reports that Mr. Taylor sought
mortgage financing from the Metropolitan Mortgage Fund on
or about March 12, 1980, in connection with the purchase of
his residence at the new official duty station. Around
April 21, 1980, he was notified that this loan had been ap-
proved. During the interval, the VA mortgage rate ceiling
was raised to 12% and then 14%. Due to the high interest
rate, Mr. Taylor contacted Guild Mortgage Company which


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THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. D.C. 20548
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