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B-205149 1 (1981-12-23)

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DECISION


FILE:


ew.-4,.


B-205149


MATTER OF;


DIGEST;


DATE: December 23, 1981


    Walter E. Sidak--Real estate expenses
    Finance charge

An employee is not entitlqd to rejm-
bursement of a loan closinig fee paid
incident to the purchase of a resi-
dence at his new duty station'  The
truth-n-lending statement indicates
that the loan closing fee was a
prepaid finance charge,   ieimbursement
of any cost found to be a finance
charge undeir Regulation Z, 12 C.F.R.
226,4(2) is prohibited by FTR para.
2-6.2d.


     The issue in this case is whether Mr. Walter E. Sidak, an
employee of the Bureau of Reclamation, is entitled to reim-
bursement of a loan closing fee of $981 he incurred upon
purchase of a residence at his new duty station. Kathryn E.
Mitchell, Certifying officer, for the Department of Interior,
states that Mr. Sidak's claim was disallowed because it was
determined that the fee was a finance charye not reimbursable
under Comptroller General decisions.


     We agree
loan closing


that I
fee as


fi.
a


Sidak may
relocation


not be reimbursed for the
expense.


     Mr. Sidak transferred from Phoenix, Arizona, to Ord,
Nebraska, where he reported for duty on February 1, 1980.
He purchased the residence there with a loan approved on
August 13, 1981. Although Mr. Sidak contends that the
loan closing gee is not a finance charge, the Federal
Truth In Lending Disclosure Statement that Mr. Sidak was
furnished by the lender characterizes the fee as a prepaid
finance charge.


     Peimbursement of a transferred Federal employee's r
cation expenses is governed by chapter 2 of the Federal
Travel Regulations (FTR) (FPMR 101-7, May 1973). Part 6
chapter 2 covers residence transactions. FTR para. 2-6.
specifically precludes reimbursement of any fee, costs,
charge, or expense which is determined to be a finance
charge under Title I of the Truth-in-Lending Act, Public


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of
2d


THE cOMPTAROLLE*'CfN tNflAUt  kd/&k
OF THU UNITEC 1STATES
WASHINGQTON, 0,o0, L?540


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