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Summary

Aubrey E. Swann, Jr., age 52, was denied a security clearance due to unresolved tax issues and a failure to disclose these on his application, falling under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons alleged that Mr. Swann failed to timely file and pay federal and state income taxes for tax years 2017 through 2020.

Specifically, it was noted that he had made no direct payments to either the IRS or his state for income taxes from 2017 through 2021, and he anticipated owing amounts to be determined for these years. Furthermore, Mr. Swann was alleged to have falsified his security clearance application by deliberately failing to disclose these federal and state tax issues.

The judge determined that Mr. Swann's ongoing financial difficulties and the absence of good-faith efforts to resolve his tax obligations did not mitigate the security concerns. Consequently, his eligibility for access to classified information was denied.

Why the Applicant Was Denied

• Applicant failed to file federal and state income tax returns for multiple years.
• Applicant did not disclose his tax issues on his security clearance application.
• The judge found no evidence of good-faith efforts to resolve tax obligations.

Conditions Referenced

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 issuedMay 20, 2022
• Answer filedJun 17, 2022
• Hearing heldMar 6, 2023Hearing rescheduled due to applicant's technical issues.
• Decision dateMar 7, 2024

Cite For

• Failure to Disclose Tax Issues on Security Clearance Application Under Guideline E
• Ongoing Financial Difficulties as a Disqualifying Condition Under Guideline F
• Lack of Good-faith Efforts to Resolve Tax Obligations as a Basis for Denial