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B-195471 1 (1979-10-26)

handle is hein.gao/gaobadumi0001 and id is 1 raw text is: DECISION FILE: B-195471 MATTER OF: DIGEST: ~o~.IRGF.St L C- %P (7. 0, THE COMPTROLLER GENERAL OF THE UNITED STATES W A S H I N G T 0 N 0. C. 20548 % 724 DATE: October 26, 1979 - Overpayment of real estate expenses Notwithstanding employee's contention that it would be against equity-and good conscience to require repayment, there is no legal authority to waive indebtedness resulting from an erroneous overpayment of real estate expenses in view of the specific provisions of 5 U S.C. § 5584. And, ixi the circumstances presented, there is no basis for compromise or termination of collection.action pursuant to Federal Claims Collection Act, 31 U.S.C. § 951, et seq. (1976). Mr. , a civilian employee of the Department of the Army, requests reconsideration of his claim concerning his indebtedness resulting from an overpayment of real estate expenses which resulted from his purchase of a home incident to an official change of duty station in July 1976' Because the particular items of expense--a finance charge and an owner's title insurance premium--are not reimbursable under the applicable regulations, Mr. claim was disallowed by our Claims Division on May 18, 1979. The basis of Mr. request for reconsideration is that, although he recognizes that he is not entitled to relief under the applicable regulations, he believes that the concerns of justice and fairness require a favorable disposition. Mr. allegations in this regard principally concern the following state- ment by our Claims Division in its adjudication of May 18, 1979: Some of the problems which this Office has noted in agency determinations of allowable real estate costs arise because of confusing names given to these charges by lenders, and insuffi- cient information supplied by the lending institution and by the employee with his claim for reimbursement. In response to this observation Mr. of his claim was unfair. He states that: .feels the adjudication U

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