Summary
A 68-year-old federal contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The primary issue was a $32,923.63 tax lien filed by the IRS, stemming from his previous employment at a medical clinic. This lien was due to the former employer's failure to make payroll tax deposits, and it was alleged that the applicant did not personally owe this amount.
Disqualifying conditions F.19.a, F.19.c, and F.19.g were raised, but mitigating conditions F.20.a and F.20.b were applied. The judge determined that the applicant bore no personal responsibility for the tax lien, as it originated from the actions of his former employers.
Furthermore, the IRS had not initiated any collection actions against the applicant for over 15 years. The applicant also demonstrated a consistent history of meeting his financial obligations. Based on these findings, the applicant was granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant had no personal responsibility for the tax lien, which arose from the actions of his former employers.
- The IRS had not pursued collection actions against the applicant for over 15 years.
- The applicant demonstrated a consistent history of meeting his financial obligations.
Conditions Referenced
- F.19.araisedInability or Unwillingness to Satisfy Debts
- F.19.craisedA History of Not Meeting Financial Obligations
- F.19.gnotedFailure to File Annual Federal, State, or Local Income Tax Returns as Required, or Fraudulent Filing of the Same
- F.20.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good Judgment
- F.20.bappliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedNov 20, 2008
- Answer filedDec 1, 2008
- Hearing heldFeb 24, 2009
- Decision dateApr 28, 2009
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Lack of Personal Responsibility for Debts
- Consideration of the Whole Person Concept in Security Clearance Decisions
- The Impact of External Circumstances on Financial Obligations and Security Clearance Eligibility.