Entity information:

The Company recorded valuation allowances to fully reserve its deferred tax assets, as management believes it is more likely than not that these assets will not be realized. The valuation allowance increased by approximately $694,000 for the year ended December 31, 2015 and increased by $174,000 for the year ended December 31, 2016. It is possible that management’s estimates as to the likelihood of realization of its deferred tax assets could change as a result of changes in estimated operating results. Should management conclude that it is more likely than not that these deferred tax assets are, at least in part, realizable, the valuation allowance will be reduced and recognized as a deferred income tax benefit in the statement of operations in the period of change.

 

The Company has Federal net operating loss carryovers of approximately $21,038,000 available at December 31, 2016 and State net operating loss carryovers of approximately $20,039,000 available at December 31, 2016. The federal and California net operating losses will begin to expire in 2024 and 2016, respectively. Additionally, the Company has capital loss carryforwards of approximately $13,231,000 available at December 31, 2016, which expire through 2019. Due to the uncertainty surrounding the realization of the capital loss carryforwards in future tax returns, the tax effect of the capital loss carryforwards is not recognized in the income tax provision.

 

FASB ASC 740 also addresses the determination of whether tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Under ASC 740, the Company may recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such a position should be measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon ultimate settlement. ASC 740 also provides guidance on de-recognition, classification, interest and penalties on income taxes, accounting in interim periods and requires increased disclosures. During the years ended December 31, 2016 and 2015, the Company did not recognize any tax liabilities related to uncertain tax positions and does not have a balance for such liabilities as of December 31, 2016.

 

The Company recognizes accrued interest and penalties, if any, associated with uncertain tax positions as part of the income tax provision. There was no accrued interest or penalties associated with uncertain tax positions recognized in the Company’s balance sheets as of December 31, 2016 and 2015. The Company is subject to income tax in the United States federal jurisdiction and various state jurisdictions and has identified its federal tax return and tax returns in state jurisdictions below as “major” tax filings. These jurisdictions, along with the years still open to audit under the applicable statutes of limitation, are as follows:

 

Jurisdiction   Tax Years
Federal   2013 – 2015
California   2012 – 2015

  

The following table reconciles the US statutory rates to the Company’s effective tax rate for 2016 and 2015:

 

   2016   2015 
U.S Statutory rates   34.0%    34.0% 
State taxes, net of Federal benefit   5.8%    5.6% 
Permanent differences       (1.0%)
Change in Valuation allowance   (39.8%)   (38.6%)
Other        
Effective income tax rate   0.0%    0.0% 

 

The following are the components of the Company’s deferred tax assets and liabilities at December 31, 2016 and 2015:

 

   2016   2015 
Deferred Tax Assets:          
Net operating loss carryforwards  $8,322,000   $8,285,000 
Stock compensation expense   4,302,000    4,166,000 
Other   5,000    4,000 
Total Deferred Tax Assets   12,629,000    12,455,000 
Less: Valuation allowance   (12,629,000)   (12,455,000)
Net Deferred Tax Assets  $   $