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ISCR Case 17-02195.h1 — CASE

ISCR Case 17-02195.h1denied

Case Headnote

ISCR Case No. 17-02195.h1

deniedAug 30, 2018· Hon. Nichole L. Noel· hearing

Summary

A pro se applicant was denied a security clearance under Guideline F (Financial Considerations) due to a consistent failure to meet tax obligations. The Statement of Reasons detailed that the applicant did not timely file federal and state income tax returns, nor did they timely pay income taxes, for the period spanning 2011 to 2017. These actions raised Disqualifying Condition F.3.

The judge determined that the applicant's financial irresponsibility, specifically the failure to file and pay taxes over a six-year period, presented significant security concerns. Consequently, the applicant was denied access to classified information.

Why the Applicant Was Denied

The applicant failed to timely file federal and state income tax returns between 2011 and 2017.
The applicant did not pay his income taxes as required during the same period.

Conditions Referenced

Disqualifying

F.3raisedInability or Unwillingness to Satisfy Debts

Procedural Posture

SOR issuedAug 12, 2017
Hearing held—
Decision dateAug 30, 2018

Cite For

Failure to File Taxes as a Disqualifying Condition Under Guideline F
Financial Irresponsibility Impacting Security Clearance Eligibility
Importance of Timely Tax Compliance in Security Clearance Determinations

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 applicant faced financial concerns due to failure to file federal and state income tax returns and pay income taxes from 2011 to 2017. The judge denied the applicant's security clearance based on these financial considerations, concluding that the applicant did not mitigate the security concerns raised under Guideline F.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	failed to timely file his federal and state income tax returns and timely pay his income taxes, as required, between 2011 and 2017	Against Applicant	Tax Filing Failure	Unknown	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—
1.b	failed to timely file his federal and state income tax returns and timely pay his income taxes, as required, between 2011 and 2017	Against Applicant	Tax Unpaid	Unknown	(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.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ) ISCR Case No. 17-02195 ) Applicant for Security Clearance )

For Government: Tovah Minster, Esq., Department Counsel For Applicant: Pro se 08/30/2018 ______________

STATEMENT OF CASE

______________

NOEL, Nichole L., Administrative Judge:

Applicant contests the Department of Defense’s (DOD) intent to revoke his eligibility for a security clearance to work in the defense industry. Applicant failed to timely file his federal and state income tax returns and timely pay his income taxes, as required, between 2011 and 2017. Applicant’s continued access to classified information is denied.

Statement of the Case

On August 12, 2017, the DOD issued a Statement of Reasons (SOR) detailing security concerns under the financial considerations guideline.1 DOD adjudicators were unable to find that it is clearly consistent with the national interest to grant Applicant’s security clearance and recommended that the case be submitted to a Defense Office of Hearings and Appeals (DOHA) administrative judge for a determination whether to revoke his security clearance.

FOOTNOTES

1 The DOD acted under Executive Order (EO) 10865, Safeguarding Classified Information within Industry, signed by President Eisenhower on February 20, 1960, as amended; as well as DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program, dated January 2, 1992, as amended (Directive), and the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, implemented on June 8, 2017.