PSH-19-0050 - In the Matter of Personnel Security Hearing

On November 26, 2019, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. In January 2018, the Individual submitted a Questionnaire for National Security Positions (QNSP). The Individual disclosed that he had not filed Federal income tax returns for the 2015 and 2016 tax years. In December 2018, in response to a letter of interrogatory from the local security office (LSO) concerning the status of his tax returns, the Individual indicated that he had not yet filed his Federal income tax returns and also had not filed state income tax returns for the 2015 and 2016 tax years. During the hearing, the Individual provided testimony and evidence showing that he had filed his Federal income tax returns two days prior to the hearing. However, the Individual had not paid his outstanding Federal income taxes or entered into a payment arrangement with the IRS. The Individual did not conclusively demonstrate that he had filed his state personal income taxes, and admitted that he likely owed state personal income taxes. The Individual attributed his tax situation to laziness and a lack of organization, and promised to use a tax preparation service in the future to avoid filing his tax returns late. While the Individual made some progress, he did not resolve his tax situation by paying the Federal and state income taxes that he owes. Furthermore, the Individual's failure to act to file his taxes for nearly a year after being notified by the LSO that his tax situation posed a security concern, and attribution of this delay to laziness and a lack of organization, called into question his judgment and reliability. Therefore, the Administrative Judge determined that the Individual had not resolved the security concerns under Guideline F and should not be granted access authorization. OHA Case No. PSH-19-0050 (Steven L. Fine).