PSH-22-0003 - In the Matter of Personnel Security Hearing

On February 25, 2022, an Administrative Judge determined that the Individual's access authorization should be restored 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 Individual signed and submitted a Questionnaire for National Security Positions (QNSP) in which he answered questions pertaining to his income tax returns. He indicated that he had failed to file his federal income taxes for tax years 2017 and 2018. During the investigation process, it was determined that the Individual had also failed to file state income taxes for tax year 2019.

At the hearing, the Individual and one other witness testified. Through competent testimony and exhibits admitted into the record, it was established that the Individual had failed to file his state income taxes because he was mistaken about his ongoing duty to timely file   income   taxes regardless of whether he anticipated a refund. Although he had not filed for an extension, the Individual filed his state income tax returns for tax years 2017 through 2019 in 2021. Prior to the hearing, the Individual also submitted his federal and state income tax returns for tax years 2020 and 2021. The credible testimony also indicated that at the time of the hearing, the Individual understood the importance in his ongoing duty to file income taxes and the associated security concerns in the event he failed to file.

Accordingly, the Individual was able to demonstrate that he had fully resolved the security concerns arising under Guideline F. OHA Case No. PSH-22-0003 (Kimberly Jenkins-Chapman). (OHA Case No. PSH-22-0003, Jenkins-Chapman)