Summary
A 51-year-old federal contractor employee was granted a security clearance despite initial concerns under Guideline F (Financial Considerations). The Statement of Reasons cited multiple federal tax liens filed against her in 2008, 2011, 2012, and 2014, along with a judgment filed in March 2015. These issues raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 19(a), ¶ 19(c), and ¶ 19(f).
However, the judge found that the applicant's financial difficulties were largely due to circumstances beyond her control, specifically her spouse's unemployment and the necessity of maintaining two households. The applicant demonstrated a history of proactive engagement with the IRS to address her tax debts and has maintained compliance with all tax obligations since 2013.
Ultimately, the judge determined that the applicant's financial situation had improved, and she had shown a clear commitment to resolving her outstanding debts. Applying mitigating conditions under AG ¶ 20(b), ¶ 20(d), and ¶ 20(g), the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated that her financial issues were largely due to circumstances beyond her control, including her spouse's unemployment and the need to maintain two households.
- She established a history of making arrangements with the IRS to pay her back taxes and has been compliant with tax obligations since 2013.
- The applicant's financial situation has improved, and she has shown a commitment to resolving her debts.
Conditions Referenced
- 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 or Failure to Pay Income Tax as Required
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements
Key Rule Quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural Posture
- SOR issuedJun 28, 2017
- Answer filedJul 27, 2017
- Hearing heldApr 10, 2018Applicant testified and submitted evidence.
- Decision dateJul 17, 2018
Cite For
- Mitigating Conditions Under AG ¶ 20(b) for Financial Issues Due to Circumstances Beyond Control
- Good-faith Efforts to Resolve Financial Obligations Under AG ¶ 20(d)
- Compliance with Tax Authority Arrangements Under AG ¶ 20(g)