PSH-22-0062 - In the Matter of Personnel Security Hearing

On  June  24,  2022,  an  Administrative  Jude  determined  that  the  Individual's  access authorization should be granted under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. the Local Security Office (LSO) received potentially derogatory information regarding the Individual's finances. The LSO alleged that the Individual failed to his federal or state tax returns for tax year 2017.

At the hearing, the Individual testified that he did not file his tax returns for tax year 2017 because he did not have a necessary document from his employer. The hearing testimony established that the Individual made multiple attempts in 2018, 2019, and 2020 to obtain the document  from  his  employer,  a  document  that  was  not  available  through  the  Internal Revenue Services, before giving up. The Individual made another attempt to file his  2017 federal and state income tax returns when he received the Letter of Interrogatory (LOI). He successfully obtained the necessary document and used tax preparation software to file his taxes. He also had a tax professional examine his tax return for accuracy. The Individual's 2017 federal and state tax returns were filed in January 2022.To support his testimony, the Individual also submitted letters from his former roommate and girlfriend confirming that he is a  financially  responsible  individual.  Based  on  the  evidence,  the  Administrative  Judge concluded that the Individual had mitigated Guideline F concerns  (OHA Case No. PSH-22- 0062, Balzon)