Summary
A 26-year-old software developer was denied a security clearance under Guideline F, Financial Considerations. The denial stemmed from the applicant's failure to file federal and state income tax returns for both 2012 and 2013, as well as an outstanding $88 collection account with activity last recorded in early 2013.
The applicant admitted to these allegations, which included failing to file the specified tax returns and owing the amount on the local collection account. Disqualifying conditions under Guideline F were raised, while several mitigating conditions were considered.
Ultimately, the clearance was denied because the applicant did not provide sufficient documentary evidence to substantiate claims of having filed the tax returns or resolved the collection account. The lack of proof for addressing these financial concerns led to the final decision.
Why the Applicant Was Denied
- Applicant failed to file Federal and State income tax returns for tax years 2012 and 2013.
- Applicant neglected an $88 collection account from 2013.
- No documentary evidence was provided to substantiate claims of having filed tax returns or addressed the collection account.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to RecurApplicant did not demonstrate that the financial issues were unlikely to recur.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlApplicant did not provide evidence that circumstances beyond his control caused the financial issues.
- AG ¶ 20(c)rejectedReceived or Receiving Counseling for the ProblemNo evidence of financial counseling was presented.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsApplicant did not show evidence of efforts to resolve debts.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the DebtNo evidence was provided to dispute the legitimacy of the collection account.
Key Rule Quoted
“The burden in these proceedings is on the applicant to provide documented evidence rebutting, refuting, or otherwise challenging evidence of delinquent debt or suggestions of failing to timely comply with tax burdens.”
Procedural Posture
- SOR issuedApr 17, 2015
- Answer filedJul 2, 2015Applicant requested a determination based on the written record.
- Hearing held—No hearing was held.
- Decision dateFeb 9, 2016
Cite For
- Insufficient Documentary Evidence to Mitigate Financial Concerns Under Guideline F
- Failure to File Tax Returns as a Disqualifying Condition
- Burden of Proof on the Applicant to Provide Evidence in Security Clearance Cases