Summary
The applicant, a 47-year-old call center supervisor for a defense health contractor, sought eligibility for a public trust position under Guideline F due to financial concerns, including delinquent taxes and consumer debts. The judge found that the applicant mitigated these concerns by demonstrating timely filing of tax returns and establishing an installment agreement with the IRS, leading to a granted decision for public trust eligibility.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: failed to timely file federal and state income tax returns for tax years 2013 and 2014 (1.a). incurred delinquent federal taxes for tax years 2008 ($3,348), 2009 ($195), 2010 ($398), 2011 ($4,557), and 2012 ($3,519) (1.b). accumulated delinquent consumer debts exceeding $10,000 (1.c). petitioned for Chapter 7 bankruptcy relief in February 2006 (discharged in May 2006) (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c). The decision turned on the following: The applicant demonstrated timely filing of federal and state tax returns for tax years 2015 and 2016; The applicant established an installment agreement with the IRS for delinquent taxes owed; Character references from supervisors and colleagues supported the applicant's trustworthiness and reliability.
Why the Applicant Prevailed
- The applicant demonstrated timely filing of federal and state tax returns for tax years 2015 and 2016.
- The applicant established an installment agreement with the IRS for delinquent taxes owed.
- Character references from supervisors and colleagues supported the applicant's trustworthiness and reliability.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- 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 Annual Federal, State, or Local Income Tax as Required
- AG ¶ 20(a)appliedThe Behavior Was Not Recent and the Applicant Has Made Efforts to Address the Issues
- AG ¶ 20(b)appliedThe Applicant Has a Good Track Record of Financial Responsibility Since the Bankruptcy Discharge
- AG ¶ 20(c)appliedThe Applicant Has Demonstrated a Willingness to Repay Debts
Key Rule Quoted
“Eligibility for holding a public trust position is granted.”
Procedural Posture
- SOR issuedAug 31, 2016
- Answer filedOct 31, 2016
- Hearing heldApr 4, 2017
- Decision dateSep 7, 2017
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Timely Filing of Tax Returns as a Mitigating Factor
- Character References Supporting Trustworthiness in Financial Matters