Originally published at: https://www.clearancejobsblog.com/clearance-applicant-overcomes-failure-to-file-taxes-for-multiple-years-in-appeal/
A recent Department of Energy (DOE) Office of Hearing and Appeals case involved a DOE contractor who had failed to file his federal and state tax returns from 2017 to 2022. He was initially denied security clearance eligibility based on financial concerns and subsequently appealed the decision. Here are the highlights of the appeal. Starting in 2008…
Someone seeking a direct hire government position might not be so fortunate, at least not in terms of “suitability.”
Having read the case summary, I’m both a little surprised by the outcome, and this is one lucky guy.
It sounds like the only reason he filed his tax returns was because of his federal contracting job, so he would otherwise continue to be what the IRS refers to as an ‘egregious non-filer’ and skirt the law the rest of us follow. It’s possible he didn’t meet filing requirements in any of those years based on income and filing status. This is an unknown X factor.
However, an honest belief you can’t file tax returns 15 years later after one return gets rejected? (2008 + 15 = 2023). Really? He doesn’t have any friends or anyone else he knows that file tax returns and/or complain about the IRS and all the rigamarole you sometimes have to go through to get issues straightened out?
“Furthermore, his possibly mistaken—but honest—beliefs that he could not file for subsequent tax years after 2008 or that he could not file the 2017
tax return are also somewhat probative of poor judgment” - Somewhat?
Where else might the ‘somewhat probative of poor judgment’ crop up on his job as a contractor?
The IRS generally only wants the six most current years’ worth of tax returns. It will be interesting to note if he files the other missing tax returns even though the IRS most likely will not pursue this.
One time the adjudicator wanted some tax return info from me that was beyond what the IRS required. By some miracle I still had some stuff on hand. I was not an “egregious non-filer” but I may have qualified as a chronic late filer. Anyway it all worked out in the end.
That’s fortunate! IRS generally keeps 10 years worth of Wage and Income statements in an account, which may or may not have been what adjudicator wanted.