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ISCR Case 22-00656 — CASE

Case record

ISCR Case 22-00656

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date2/8/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Aubrey M. De Angelis
Case Summary
The applicant in this case was a 56-year-old individual employed as a subject matter expert for a defense contractor since August 2020. The Department of Defense Consolidated Adjudications Facility issued a Statement of Reasons (SOR) citing security concerns under Guideline F, related to financial considerations. The core allegations included the applicant's failure to file federal and state income tax returns for the years 2015 through 2021 and the existence of multiple delinquent medical and consumer debts totaling approximately $11,800.
The applicant admitted to failing to file the required tax returns and acknowledged the delinquent debts. He claimed that his financial difficulties stemmed from periods of unemployment and reliance on reduced disability income. Although he hired a tax resolution company to address his tax issues, there was no evidence that the tax returns were filed or that he received financial counseling. The applicant made some payments toward certain debts, but many remained unresolved.
The administrative judge ruled against the applicant, concluding that he had not mitigated the financial concerns. The judge found that the applicant's financial issues were recent and unresolved, and he failed to demonstrate responsible actions to address his debts or tax obligations. The judge emphasized that the applicant did not provide sufficient evidence to indicate that his financial problems were unlikely to recur, leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
- Guideline FFinancial Considerations · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 22-00656

deniedFeb 8, 2023· Hon. Robert E. Coacher· hearing

Summary

A 56-year-old defense contractor was denied a security clearance due to unresolved financial issues under Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged that the applicant failed to timely file federal income tax returns for tax years 2015 through 2021, and similarly failed to file state income tax returns for the same period. Additionally, the SOR cited multiple delinquent consumer accounts totaling approximately $9,200 and nine delinquent medical accounts totaling approximately $2,600.

The decision to deny eligibility for access to classified information was based on the applicant's failure to file the aforementioned federal and state tax returns, which remained unfiled at the time of the decision. The applicant also had unresolved delinquent medical and consumer debts totaling approximately $11,800.

Despite some admissions regarding his debts, the judge found insufficient evidence that the applicant made a good-faith effort to address his financial issues or seek financial counseling. Consequently, the applicant did not demonstrate adequate mitigation of the financial concerns, leading to the denial.

Why the Applicant Was Denied

The applicant failed to file federal and state income tax returns for 2015-2021, which remain unfiled.
The applicant has unresolved delinquent medical and consumer debts totaling approximately $11,800.
The applicant did not demonstrate a good-faith effort to address his financial issues or seek financial counseling.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns

Mitigating

AG ¶ 20(a)rejectedBehavior Happened so Long Ago or Infrequently
AG ¶ 20(b)rejectedConditions Largely Beyond the Person's Control
AG ¶ 20(c)rejectedReceived Financial Counseling
AG ¶ 20(d)rejectedGood-faith Effort to Repay Debts
AG ¶ 20(g)rejectedArrangements with Tax Authority

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedSep 6, 2022
Answer filedSep 30, 2022Applicant elected to have the case decided on the written record.
Hearing held—
Decision dateFeb 8, 2023

Cite For

Failure to File Tax Returns as a Disqualifying Condition Under Guideline F
Insufficient Evidence of Financial Responsibility Leading to Denial of Security Clearance
Lack of Mitigating Conditions for Unresolved Financial Issues

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found multiple financial concerns under Guideline F, including failure to file federal and state income tax returns and owing delinquent consumer and medical accounts. The judge ruled against the applicant on most allegations, citing insufficient evidence of responsible actions to address the debts and tax issues.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Failed to timely file his 2015 through 2021 federal income tax returns.	Against Applicant	Tax Filing Failure	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—
1.b	Owed four delinquent consumer accounts totaling approximately $9,200. $9,200	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	Claimed Other
1.c	Owed four delinquent consumer accounts totaling approximately $9,200.	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—
1.d	specific text not stated in this decision	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—
1.e	Owed nine delinquent medical accounts totaling approximately $2,600. $2,600	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—
1.f–1.k	6 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—
1.l	Owed four delinquent consumer accounts totaling approximately $9,200.	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—
1.m–1.n	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—
1.o	Failed to file, as required, [State X] income tax returns for at least tax years 2015 through 2021.	Against Applicant	Tax Filing Failure	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.