Summary
A 54-year-old teacher and part-time copier sought to maintain his security clearance, which faced concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The Statement of Reasons detailed that the applicant owed the IRS $183,000, a tax lien that has since been released, with no current tax obligations to the IRS or state tax commission. It also noted that he failed to file income taxes from 1980 to 1989 until 1989, at one point owing $185,000 in back taxes.
Additionally, the applicant used marijuana daily from 2001 to 2004. This use was attributed to depression related to a medical study. Disqualifying conditions were raised under Adjudicative Guidelines ¶ 19(a), ¶ 19(c), and ¶ 19(g).
The judge found that the applicant successfully mitigated these concerns. He resolved his significant tax debt, with no current obligations. He also demonstrated a commitment to sobriety, completed substance abuse treatment, and has taken steps to prevent recurrence of his past drug use, which was characterized as a poor decision. Based on these mitigating factors, the applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant resolved his significant tax debt, with no current obligations to the IRS or state tax commission.
- He demonstrated a commitment to sobriety and completed substance abuse treatment, with no further treatment deemed necessary.
- The applicant's past drug use was characterized as a poor decision, and he has taken steps to ensure it does not recur.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 9, 2008
- Answer filedMay 22, 2008
- Hearing heldAug 12, 2008
- Decision dateAug 19, 2008
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Resolution of Tax Debts
- Successful Rehabilitation From Drug Involvement Under Guideline H
- Consideration of Personal Conduct in the Context of Past Mistakes and Current Reliability Under Guideline E