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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The components of the Company's net deferred tax assets at December 31 are as follows:
 
 
2016
 
2015
 
 
 
 
 
Deferred Tax Assets
 
 
 
 
Net operating loss and tax credits
 
$
3,881,415

 
$
2,274,994

Property and equipment and intangibles
 
331,301

 
326,499

Allowance for accounts receivable
 
170,733

 
145,200

Reserve for expired product
 
771,034

 
849,579

Inventory
 
214,654

 
1,154,507

Deferred charges
 
738,541

 
660,973

Cumulative compensation costs incurred on deductible equity awards
 
639,263

 
1,675,757

Total deferred tax assets
 
6,746,941

 
7,087,509

 
 
 
 
 
Deferred Tax Liabilities
 
 
 
 
Intangible assets
 
(3,238,511
)
 
(3,162,502
)
Net deferred tax assets, before valuation allowance
 
3,508,430

 
3,925,007

Less: deferred tax asset valuation allowance
 
(388,500
)
 
(185,497
)
Net deferred tax assets
 
$
3,119,930

 
$
3,739,510


The following table summarizes the amount and year of expiration of the Company's federal and state net operating loss carryforwards as of December 31, 2016:
Years of expiration
 
Federal
 
State
 
 
 
 
 
2017 - 2019
 
$

 
$
454,898

2020 - 2028
 

 
38,884,460

2029
 
44,149,007

 
10,489,653

2030 - 2036
 
6,008,921

 
5,061,020

Total federal and state net operating loss carryforwards
 
$
50,157,928

 
$
54,890,031


The Company has total recognized carryforward tax assets of $0.2 million for foreign tax credits and AMT carryforwards. In addition, the Company has recognized as of December 31, 2016 federal Orphan Drug and Research and Development tax credits of $1.2 million that expire between 2021 and 2036. These credits include approximately $0.2 million that is subject to a valuation allowance at December 31, 2016.
The Company has unrecognized federal net operating loss carryforwards as a result of the exercise of nonqualified options of approximately $44.1 million. These benefits occurred as a result of the actual tax benefit realized upon an employee's exercise exceeding the cumulative book compensation charge associated with the awards and will be recognized in the year in which they are able to reduce current income taxes payable. Accordingly, deferred tax assets are not recognized for these net operating loss carryforwards or credit carryforwards resulting from the exercise of nonqualified options. The Company has $54.9 million of state net operating loss carryforwards. This amount includes $45.4 million from the exercise of nonqualified options during 2009 and 2015. The state net operating loss carryforwards above include approximately $4.2 million that is subject to a valuation allowance at December 31, 2016.
Income tax (expense) benefit includes the following components for the years ended December 31:
 
 
2016
 
2015
 
2014
 
 
 
 
 
 
 
Current:
 
 
 
 
 
 
Federal
 
$
867,041

 
$
(41,326
)
 
$
(1,440,010
)
State and other
 
83,463

 
(44,276
)
 
(250,064
)
Total current income tax (expense) benefit
 
950,504

 
(85,602
)
 
(1,690,074
)
 
 
 
 
 
 
 
Deferred:
 
 
 
 
 
 
Federal
 
(537,965
)
 
(385,723
)
 
213,552

State
 
(81,615
)
 
(104,504
)
 
95,778

Total deferred income tax (expense) benefit
 
(619,580
)
 
(490,227
)
 
309,330

Total income tax (expense) benefit
 
$
330,924

 
$
(575,829
)
 
$
(1,380,744
)

Deferred income tax is comprised of the following components for the years ended December 31:
 
 
2016
 
2015
 
2014
 
 
 
 
 
 
 
Deferred tax (expense) benefit, excluding items below
 
$
4,803

 
$
26,193

 
$
85,844

Inventory
 
(939,853
)
 
(257,970
)
 
(83,418
)
Operating loss carryforwards
 
1,537,003

 
34,465

 
17,424

Tax credit carryforwards
 
69,418

 
35,272

 
43,398

Valuation allowance due to changes in net deferred tax asset balances
 
(203,003
)
 
(33,405
)
 
(20,457
)
Deductible equity awards
 
(1,036,494
)
 
(972
)
 
298,039

Allowance for accounts receivable
 
25,532

 
(26,808
)
 
(63,438
)
Deferred charges
 
77,567

 
(59,028
)
 
838,556

Reserve for expired product
 
(78,544
)
 
31,784

 
217,330

Intangible assets
 
(76,009
)
 
(239,758
)
 
(1,023,948
)
Deferred income tax (expense) benefit
 
$
(619,580
)
 
$
(490,227
)
 
$
309,330


The valuation allowance at December 31, 2016 is primarily related to federal tax credits, which will expire in 2021, and state tax benefits at CET and CPSC that will likely not be realized.
The Company’s effective income tax rate for 2016, 2015 and 2014 reconciles with the federal statutory tax rate as follows: 
 
 
2016
 
2015
 
2014
 
 
 
 
 
 
 
Federal tax expense at statutory rate
 
34
 %
 
34
 %
 
34
 %
State income tax expense (net of federal income tax benefit)
 
4
 %
 
4
 %
 
5
 %
Permanent differences associated with general business credits
 
5
 %
 
(3
)%
 
(1
)%
Change in valuation allowance
 
(15
)%
 
3
 %
 
1
 %
Other permanent differences
 
(2
)%
 
7
 %
 
1
 %
Other
 
(1
)%
 
1
 %
 
(3
)%
Net income tax expense
 
25
 %
 
46
 %
 
37
 %

During 2012, the Company’s 2009 federal tax return was examined with no significant findings or adjustments. Federal tax years that remain open to examination are 2010 through 2015. Due to a 2009 net operating loss carryback, federal tax years 2006 through 2008 remain open to the extent of net operating losses utilized in those years. State tax years that remain open to examination are 2008 to 2015. The Company has no unrecognized tax benefits in 2016, 2015 and 2014.
Excluding the alternative minimum tax (AMT) tax credits, the Company will need to generate future taxable income in order to realize its deferred tax assets. Based upon the level of taxable income over the last three years and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not that the Company will realize the benefits of these deductible differences, net of the existing valuation allowances at December 31, 2016. The amount of deferred tax assets considered realizable, however, could be reduced in the future periods if estimates of future taxable income during the carryforward period are reduced.