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PSH-13-0076 - In the Matter of Personnel Security

On August 27, 2013, an OHA Hearing Officer issued a decision finding that the individual should be granted a security clearance after she determined that the individual had mitigated the security concerns associated with the individual’s failure to file federal tax returns for the tax years, 2010 and 2011.

The Hearing Officer first found that the individual was young and immature when he failed to file his tax returns at issue. She determined that the individual relied heavily on his mother for advice and instruction on the matter, noting that the individual lived with his mother until recently. The Hearing Officer held that the mother’s misunderstanding about the individual’s obligation to file federal tax returns, the individual’s earnest ignorance of his own obligation in this regard, and the fact that the individual did not receive his W-2 forms, all contributed to the individual’s failure to file federal tax returns for the years in question.  The Hearing Officer weighed heavily evidence showing that he had filed his federal tax returns for the years 2010, and 2011 and had received a refund from the Internal Revenue Service for those years.  The Hearing Officer found credible the individual’s testimony that he will file his tax returns in the future, and pointed to documentary evidence in the record that the individual had filed his federal tax returns for the tax year 2012 as corroboration for the testimony.

Accordingly, the Hearing Officer concluded that the Individual had resolved all the security concerns at issue.

Ann Augustyn - Hearing Officer