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B-236571 1 (1989-11-09)

handle is hein.gao/gaobadnqf0001 and id is 1 raw text is: OThe Comptroler General of the United States Washington, D.C. 204 Decision Matterof. Anna L. Janni File: B-236571 Date: November 9, 1989 DECISION The issue in this case is whether Ms. Janni, an employee of the Internal Revenue Service, may be reimbursed for several real estate expenses incurred incident to her transfer in 1988. The expenses relate to the purchase of a residence at her new duty station, and the sale of a residence at her old station by a relocation service contractor. On the record presented, there is no legal basis for allowance of any of the expenses claimed. Concerning the purchase of the new residence, the agency properly disallowed the loan set-up fee (also referred to as an escrow agent's fee) on the basis that the fee was paid as a condition to obtaining a loan. As such, it is a finance charge, which is a nonreimbursable item under the Federal Travel Regulations (FTR), para. l-6.2d(2)(e) (Supp. 4, Aug. 23, 1982), incorp, by ref., 41 C.F.R. S 101-7.003 (1988). The claimant's contention that the charge is reimbursable under the Internal Revenue Service Employees Relocation Guide does not change the result. The Federal Travel Regulations govern employee relocation expense entitlement. Where the agency quide is inconsistent with the FTR, any erroneous information contained therein is not binding on the government. See Mark Kroczynski, 64 Comp. Gen. 306 (1985), and cases-cted. The two hazard insurance items are nonreimbursable, without exception, under FTR, para. 2-6.2d(2)(a), since such insurance is against loss or damage to property. See Mark Kroczynski, 64 Comp. Gen. 306, supra. The fee for a structural inspection is not reimbursable as an incidental charge under FTR, para. 2-6.2f, unless the service was required, that is, imposed by law or by the lender. Leonard L. Garofolo, 67 Comp. Gen. 449 (1988). Therefore, it was proper for the agency to provide Ms. Janni with the opportunity to establish that the inspection was C4/ 39'95

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