NOTE G – INCOME TAXES

As of September 30, 2013, the Company had consolidated income tax net operating loss (“NOL”) carryforwards for federal tax purposes of approximately $117 million and net operating loss carryforwards for foreign income tax purposes of approximately $11 million. The federal NOL carryforwards from 1998 forward will expire in various years beginning in 2018 and ending through the year 2032. From 2018 through 2022, approximately $3.2 million of the NOL will expire, from 2023 through 2027, approximately $59.9 million of the NOL will expire, and from 2028 through 2032, approximately $65.9 million of the NOL will expire.

As of September 30, 2013 we utilized $16 million of the federal NOL carryforwards for taxable income resulting from our sale of partial ownership interest in a subsidiary. For Alternative Minimum Tax (AMT) purposes, a limitation is imposed on the allowable amount of the NOL carryforward, this limitation resulted in a current federal tax expense. The AMT rate applied is 20%.

The components of the provision for income tax (benefits) are attributable to continuing operations as follows:


	September 30, 2013		September 30, 2012		September 30, 2011
Current
Federal	$	320,991	$	—	$	—
State		15,000		—		—

	$	335,991	$	—	$	—

Deferred
Federal	$	—	$	—	$	—
State		—		—		—

	$	335,991	$	—	$	—

Deferred income taxes reflect the net tax effects of the temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities are as follows:


Deferred tax assets:
Net operating loss and tax credit carryforwards	$	45,757,210
Capital loss carryforward		395,844
Accrued expenses		64,406
Deferred revenue		1,020,246
Reserve for accounts receivable		2,078,681
Reserve for inventory		133,608
Start-up costs		110,118
Excess of book over tax depreciation		1,304,151
Stock option and restricted stock award expense		1,942,747
Investment in unconsolidated entity		3,800,697
Less: valuation allowance		(56,412,435	)

	$	195,273

Deferred tax liability:
Property and equipment basis	$	124,044
Prepaid expenses		71,229

	$	195,273

Net deferred tax asset	$	—

As reflected above, we have recorded a net deferred tax asset of $0 at September 30, 2013. As required by the Accounting for Income Taxes topic in the ASC, we have evaluated whether it is more likely than not that the deferred tax assets will be realized. Based on the available evidence, we have concluded that it is more likely than not that those assets would not be realized without the recovery and rights of ownership or salvage rights of high-value shipwrecks or other forms of taxable income, thus a valuation allowance has been recorded as of September 30, 2013.

The decrease in the valuation allowance as of September 30, 2013 is due to the utilization of $16 million of our net operating loss carryforward.

The change in the valuation allowance is as follows:


September 30, 2013	$	56,412,435
December 31, 2012		57,901,529

Change in valuation allowance	$	(1,489,094	)

Income taxes for the nine-month periods ended September 30, 2013 and 2012 differ from the amounts computed by applying the effective federal income tax rate of 34.0% to income (loss) before income taxes as a result of the following:


	September 30, 2013			September 30, 2012

Expected (benefit)	$	(7,193,297	)	$	(5,871,516	)
U.S. income tax expense at the AMT 20% rate		335,991			—
State income taxes net of federal benefits		77,409			(167,562	)
Nondeductible expense		23,010			14,166
Stock options and restricted stock awards		214,670			242,390
Gain on sale of subsidiary stock		8,454,148			—
Derivatives		(137,755	)		521,008
Change in valuation allowance		(1,489,094	)		5,067,370
Effects of:
Change in apportionment estimate		400,072			(40,826	)
Change in net operating loss estimate		2,240			612,353
Change in capital loss carryover estimate		—			(374,051	)
Change in AMT credit		(320,991	)		—
Other, net		(30,412	)		(3,332	)

	$	335,991		$	—

During the nine-month periods ended September 30, 2013 and 2012, the Company recognized certain tax benefits and (liabilities), prior to any valuation allowances, related to stock option plans in the amounts of $214,670 and $249,423, respectively. If we did not have a full valuation allowance, such benefits would be recorded as an increase to the deferred tax asset and increase in additional paid in capital.

We have not recognized a material adjustment in the liability for unrecognized tax benefits and have not recorded any provisions for accrued interest and penalties related to uncertain tax positions.

The earliest tax year still subject to examination by a major taxing jurisdiction is 2010.