Entity information:

NOTE 7 – Income Taxes

 

The (benefit) provision for income taxes is as follows for the year ended December 31, 2016:

 

Current:    
Federal   $ (1,020,652 )
State     600  
Total current     (1,020,052 )
Deferred:        
Federal     1,573,163  
State     375,291  
Change in valuation allowance     (1,948,454 )
Total deferred     —    
Income tax (benefit)   $ (1,020,052 )

 

  

The differences between our effective income tax rate and the U.S. federal income tax rate for the year ended December 31, 2016 are: 

 

    2016
U.S. federal tax     34 %
         
Adjustment for forfeiture of non-qualified stock options     (27 )%
Other     —   %
Release of valuation allowance     32 %
Total     39 %
Valuation allowance     (7 )%
Effective tax rate     32 %

 

As of December 31, 2016 and 2015, the Company had net operating loss (NOL) carryforwards of approximately $31,373,000 and $30,842,000, respectively, adjusted for certain other non-deductible items available to reduce future taxable income, if any. The NOL carryforward begins to expire in 2027, and fully expires in 2036. Because management is unable to determine that it is more likely than not that the Company will realize the tax benefit related to the NOL carryforward, by having taxable income, a valuation allowance has been established as of December 31, 2016 and 2015 to reduce the tax benefit asset value to zero.

 

The deferred tax assets, including a valuation allowance, are as follows at December 31:

        

    Year Ended December 31,
    2016   2015
 Net Operating Loss   $ 12,323,000     $ 12,953,000  
 Stock Compensation     635,000       1,732,000  
 Reserves     84,000       85,000  
 DTA     13,042,000       14,770,000  
 Basis difference in intangibles and fixed assets     (1,176,000 )     (956,000 )
 DTL     (1,176,000 )     (956,000 )
 Net Operating Loss     11,866,000       13,814,000  
 Valuation allowance     (11,866,000 )     (13,814,000 )
    $ —       $ —    

 

The change in the valuation allowance for deferred tax assets for the years ended December 31, 2016 and 2015 was $810,000 and $2,520,000, respectively. In assessing the recovery of the deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income in the periods in which those temporary differences become deductible. Management considers the scheduled reversals of future deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. As a result, management determined it was more likely than not the deferred tax assets would not be realized as of December 31, 2016 and 2015, and recorded a full valuation allowance.

 

Pursuant to Section 382 of the Internal Revenue Code of 1986, the annual utilization of a company's net operating loss carryforwards could be limited if the Company experiences a change in ownership of more than 50 percentage points within a three-year period. An ownership change occurs with respect to a corporation if it is a loss corporation on a testing date and, immediately after the close of the testing date, the percentage of stock of the corporation owned by one or more five-percent shareholders has increased by more than 50 percentage points over the lowest percentage of stock of such corporation owned by such shareholders at any time during the testing period. The Company has not performed an analysis to determine if any ownership changes have occurred that may limit the use of the Company’s loss carryforwards.