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ISCR Case 22-01183 — CASE

Case record

ISCR Case 22-01183

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

Case Profile
Decision Date1/9/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Dan O'Reilley
Case Summary
The applicant in this case was a 38-year-old employee of a defense contractor seeking a security clearance. The adjudicative guidelines at issue were related to financial considerations, specifically the applicant's failure to timely file federal and state tax returns for the years 2013 and 2014, an outstanding debt of approximately $7,000 to the IRS, and 16 additional delinquent debts exceeding $6,000. The Statement of Reasons outlined these financial issues as raising concerns about the applicant's reliability and trustworthiness.
In her response to the Statement of Reasons, the applicant admitted to the tax-filing lapses and delinquent debts, attributing her financial difficulties to personal circumstances, including an illness during pregnancy and a custody dispute. However, she did not provide documentation to support her claims of having filed the necessary tax returns or to show any resolution of her debts. The applicant's explanations were deemed insufficient to mitigate the financial concerns raised by the government.
The administrative judge ruled against the applicant, concluding that she did not adequately mitigate the financial considerations that posed a risk to her eligibility for a security clearance. The judge emphasized that the applicant's history of failing to meet financial obligations raised significant questions about her judgment and reliability, ultimately leading to the denial of her security clearance.
Guidelines Evaluated
- Guideline FFinancial Considerations · Against Applicant
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Case Headnote

ISCR Case No. 22-01183

deniedJan 9, 2024· Hon. Roger C. Wesley· hearing

Summary

A 38-year-old defense contractor employee was denied a security clearance under Guideline F (Financial Considerations) due to significant unresolved financial issues. The applicant failed to file federal and state income tax returns for 2013 and 2014, resulting in an approximate $7,000 debt to the Federal Government.

Additionally, the applicant accumulated 17 delinquent debts totaling over $6,000, which remained unresolved at the time of the decision. These issues raised concerns about the applicant's trustworthiness and financial stability.

The administrative judge cited the applicant's failure to file tax returns, the outstanding tax debt, and the numerous unresolved delinquent debts as the basis for the denial. Insufficient evidence was presented to mitigate these financial concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant failed to file federal and state tax returns for 2013 and 2014.
The applicant has an outstanding debt of approximately $7,000 to the IRS.
The applicant accumulated 17 delinquent debts exceeding $6,000, which remain unresolved.

Conditions Referenced

Disqualifying

19(a)appliedInability to Satisfy Debts
19(c)appliedA History of Not Meeting Financial Obligations
19(f)appliedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns, or Failure to Pay Annual Federal, State, or Local Income Tax as Required

Key Rule Quoted

“Eligibility for access to classified information may only be granted "upon a finding that it is clearly consistent with the national interest to do so."”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960)

Procedural Posture

SOR issuedSep 22, 2022
Answer filedDec 5, 2022Requested resolution on the written record without a hearing.
Hearing held—No hearing held; case resolved on the written record.
Decision dateJan 9, 2024

Cite For

Failure to File Tax Returns as a Disqualifying Condition Under Guideline F
Financial Instability as a Significant Trustworthiness Concern
Lack of Sufficient Evidence for Mitigation in Financial Cases

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 against the applicant on all financial allegations under Guideline F, citing failures to file tax returns and significant delinquent debts. Despite the applicant's admissions and claims of inability to pay, the judge concluded that the financial considerations security concerns were not mitigated, resulting in a denial of eligibility for access to classified information.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	failed to timely file her federal and state tax income tax returns, as required, for tax years 2013 through 2014	Against Applicant	Tax Filing Failure	Admitted	—	—	—
1.b	is indebted to the Federal Government in the approximate amount of $7,000 for tax years 2013 and 2014 $7,000	Against Applicant	Tax Unpaid	Admitted	—	—	—
1.c	accumulated 16 delinquent debts exceeding $6,000 $6,000	Against Applicant	Unspecified Financial	Admitted	—	—	Claimed Other

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.