11. Income Taxes:

The components of income taxes are as follows:

	For the Fiscal Year Ended September 30,
	2015			2014			2013

Current provision (benefit):
Federal	$	(375,936	)	$	614,729		$	432,211
State	(10,146		)	363			(2,731		)


Total current provision (benefit)	(386,082		)	615,092			429,480

Deferred provision (benefit):
Federal	2,598,050			(857,049		)	(255,154		)
State	91,510			(41,665		)	(54,484		)


Total deferred provision (benefit)	2,689,560			(898,714		)	(309,638		)


Total current and deferred provision (benefit)	$	2,303,478		$	(283,622	)	$	119,842

Following is a reconciliation of the statutory federal rate to the Company’s effective income tax rate:

	For the Fiscal Year Ended September 30,
	2015		2014		2013

U.S. Federal statutory tax rate	34.0	%	34.0	%	34.0	%
State income taxes, net of federal benefit	0.0	%	29.6	%	(1.3	)%
Permanent items	(2.5	)%	123.9	%	(2.9	)%
Research and development tax credits	17.4	%	190.4	%	(27.4	)%
Valuation allowance	(111.0	)%	3.9	%	(0.8	)%
Change in unrecognized tax benefits	(2.6	)%	(41.5	)%	4.4	%


Effective income tax rate	(64.7	)%	340.3	%	6.0	%

On January 1, 2013, Congress enacted the American Taxpayer Relief Act of 2012 which retroactively reinstated and extended the Research and Development Tax Credit (“R&D Tax Credit”) from January 1, 2012 to December 31, 2013. The Company’s effective income tax rate in fiscal 2014 reflects an R&D Tax Credit for the three months ended December 31, 2013. The fiscal year 2013 effective income tax rate reflects the benefit of the retroactive application of the R&D Tax Credit for nine months from the fiscal year ended September 30, 2012, plus a full year benefit for the fiscal year ended September 30, 2013, as required by ASC Topic 740.

On December 19, 2014, the Tax Increase Prevention Act of 2014 was enacted, which retroactively extended the U.S. R&D Tax Credit through December 31, 2014. As a result, the Company’s effective income tax rate in fiscal year 2015 reflects an R&D Tax Credit for nine months from the fiscal year ended September 30, 2014 and three months ended December 31, 2014.

The deferred tax effect of temporary differences giving rise to the Company’s deferred tax assets and liabilities consists of the components below:

	As of September 30,
	2015						2014
	Current			Non Current			Current			Non Current
Deferred tax assets:
Reserves and accruals	$	3,181,540		$	139,717		$	2,880,747		$	170,562
Research and development credit	—			1,472,421			396,276			208,384
NOL carryforwards - state	—			1,200,156			5,500			1,237,553
Depreciation	—			(741,736		)	—			(795,050		)
Stock options	—			678,316			—			630,160
Other	—			897			—			4,105

	3,181,540			2,749,771			3,282,523			1,455,714

Less: Valuation allowance	(2,248,041		)	(3,123,487		)	(37,300		)	(1,398,007		)


Total deferred tax assets	933,499			(373,716		)	3,245,223			57,707


Deferred tax liabilities:
Depreciation	—			(133,468		)	—			(132,999		)
Other	—			—			—			—


Total deferred tax liabilities	—			(133,468		)	—			(132,999		)


Net deferred tax asset (liability)	$	933,499		$	(507,184	)	$	3,245,223		$	(75,292	)

At September 30, 2015, the Company had state NOL carryforwards of $20.1 million, which begin to expire in varying amounts after the fiscal year ending September 30, 2021. In addition, the Company has federal R&D Tax Credit carryforwards of approximately $1,185,000, which begin to expire in varying amounts after fiscal year ending September 30, 2029, and state R&D Tax Credit carryforwards of $288,000 (net of federal impact), which begin to expire in varying amounts after the fiscal year ending September 30, 2023.

Deferred tax assets are reduced by valuation allowances if, based on the consideration of all available evidence, it is more likely than not that some portion of the deferred tax asset will not be realized. Significant weight is given to evidence that can be verified objectively, and significant management judgment is required in determining any valuation allowances recorded against net deferred tax assets. The Company evaluates deferred income taxes on a quarterly basis to determine if valuation allowances are required by considering available evidence, including historical and projected taxable income and tax planning strategies which are both prudent and feasible. ASC Topic 740 requires the consideration of a valuation allowance to reflect the likelihood of realization of deferred tax assets. Significant management judgment is required in determining any valuation allowance recorded against net deferred tax assets.

At September 30, 2014, the Company had a valuation allowance of $1,435,000 related principally to NOLs of certain state taxing jurisdictions. At September 30, 2015, the valuation allowance increased by $3,936,000 due to the uncertainty on the Company’s ability to generate sufficient future taxable income to realize the majority of its federal and state deferred tax assets. The remaining amount of the deferred tax assets recognized are attributable to tax planning strategies and the ability to carry-back federal tax losses to claim a tax refund. The Company will continue to assess all available evidence during future periods to evaluate any changes to the realization of its deferred tax assets. If the Company were to determine that it would be able to realize additional federal or state deferred tax assets in the future, it would make an adjustment to the valuation allowance which would reduce the provision for income taxes.

The Company will continue to maintain the balance of the valuation allowance until an appropriate level of profitability is sustained to warrant a conclusion that it is no longer more likely than not that a portion of these net deferred tax assets will not be realized in future periods. There is currently no assurance of such future income before taxes. The Company believes that its estimate of future taxable income is inherently uncertain, and if its current or future operations generate losses, further adjustments to the valuation allowance are possible.

Following is a reconciliation of beginning and ending balances of total amounts of gross unrecognized tax benefits:

	For the Fiscal Year Ended September 30,
	2015			2014		2013
Balance at beginning of year	$	526,000		$	492,000	$	403,000
Unrecognized tax benefits related to prior years	—			1,500		—
Unrecognized tax benefits related to current year	125,000			32,500		120,000
Decrease in unrecognized tax benefits due to the lapse of applicable statute of limitations	(36,000		)	—		(31,000		)


Balance at end of year	$	615,000		$	526,000	$	492,000

The total liabilities associated with the unrecognized tax benefits that, if recognized, would impact the Company’s effective tax rate were $615,000, $526,000 and $492,000 at September 30, 2015, 2014 and 2013, respectively. It is not anticipated that the balance of unrecognized tax benefits at September 30, 2015 will change significantly over the next twelve months. The balance of unrecognized tax benefits as reflected in the table above at September 30, 2015 are recorded on the balance sheet as a reduction to deferred tax assets, except for approximately $2,000 which is included in Other Liabilities at September 30, 2015.

The Company’s policy is to recognize interest accrued and, if applicable, penalties related to unrecognized tax benefits in income tax expense for all periods presented. At September 30, 2015 and 2014, the Company accrued approximately $300 and $1,000, respectively, for the payment of interest, net of tax benefits. There is no accrual recorded for penalties.

For the fiscal year ended September 30, 2015, 2014 and 2013, the Company recognized expense (benefit) of $(2,000), $0 and $(3,000), respectively, for interest (net of federal impact) within income tax expense.

The Company is subject to income taxes in the U.S. federal and various state jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of related tax laws and regulations and require significant judgment to apply. The Company’s federal income tax returns for the fiscal years ended September 30, 2012 and thereafter are open years subject to examination by the Internal Revenue Service (“IRS”). The Company files income tax returns in various state jurisdictions, as appropriate, with varying statutes of limitation. During fiscal year 2012, the IRS examined the Company’s income tax return for the year ended September 30, 2010, and no adjustments resulted from this examination. There are no state income tax examinations in process at this time.

On September 13, 2013, the U.S. Treasury Department and the IRS issued final regulations that address costs incurred in acquiring, producing, or improving tangible property (the “tangible property regulations”). The tangible property regulations are generally effective for tax years beginning on or after January 1, 2014 and required the Company to make additional tax accounting method changes as of October 1, 2014. However, the impact of these changes were determined to be immaterial to the Company’s consolidated financial statements for the fiscal year ended September 30, 2015.