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B-221162 1 (1986-06-10)

handle is hein.gao/gaobadmis0001 and id is 1 raw text is: 


                .W LLSR C
                         THE COMPTriOLLE MENERAL
0ECISION                 OP THE UNITED STATES
                         WASHINGTON. 0. C. 20548
                 TS


B-221162


DATE: June 10, 1986


MATTER OF: William T. Bigby


An employee who transferred in May 1982
may not be reimbursed for a loan reser-
vation fee or a processing-closing fee
charged by the lender in connection with
his purchase of a residence at his new
duty station. The reservation fee is
similar to a commitment fee and the
processing-closing fee is similar to a
loan origination fee. Both are finance
charges within the definition set forth
in Regulation Z and neither may be
reimbursed in view of the specific
prohibition contained in Federal Travel
Regulations, para. 2-6.2d (September
1981) (FTR), in effect at the time of
transfer. A loan application fee
charged by the same lender is excluded
from the definition of a finance charge
and may be reimbursed under FTR, para.
2-6.2d, as a fee similar to a VA or FHA
fee for loan application.


     A transferred Federal employee claims reimbursement for
a loan application fee, a loan reservation fee and a
processing-closing fee charged by the lender in connection
with the purchase of a residence at his new duty sta-
tion. 1/ The loan reservation and processing-closing fees
are finance charges which may not be reimbursed under the
regulations in effect on the date of the employee's
transfer. The loan application fee, however, is excluded
from the definition of a finance charge and may be
reimbursed as a real estate purchase expense.

     Mr. William T. Bigby, an employee of the Internal
Revenue Service, was transferred from Tampa, Florida, to
Detroit, Michigan. He reported to his new duty station on
May 4, 1982.   As an incident to his transfer, he was


1/ Mr. G. Fannin, Certifying Officer, Internal Revenue
    Service, Department of the Treasury, submitted this
    request for a decision.   ocss( (


FILE:


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