A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-02195.h1
DeniedDecided Aug 30, 2018 · Administrative Judge Nichole L. Noel · Hearing
Case headnote
Summary
The applicant, a pro se individual, faced security clearance denial under Guideline F due to failure to file federal and state income tax returns and pay income taxes from 2011 to 2017. The judge determined that the applicant's financial irresponsibility raised significant security concerns, leading to the denial of 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.3 Inability or unwillingness to satisfy debtsraised
Procedural posture
- SOR issued
- 08/12/2017
- Hearing held
- Decision date
- 08/30/2018
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
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From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Prior Clearance
- held
Allegations under Guideline F
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2 rows in this decision.
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Full decision
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Decision text, by section
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.