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INCOME TAXES
12 Months Ended
Dec. 31, 2014
INCOME TAXES [Abstract]  
INCOME TAXES


NOTE 10 - INCOME TAXES

 

Following is a summary of the components giving rise to the income tax provision (benefit) for the years ended December 31:

 

2014     2013  
Currently payable:            
Federal $ -     $ -  
State   6,735       -  
Total currently payable     6,735       -  
Deferred:                
Federal     (13,939,671 )     (2,217,527 )
State     488,406       (528,872 )
Total deferred     (13,451,265 )     (2,746,399 )
Less: (decrease) increase in allowance     12,455,900       (8,202,476 )
Net deferred     (995,365 )     (10,948,875 )
Total income tax benefit   $ (988,630 )   $ (10,948,875 )
                 

Individual components of deferred taxes are as follows:


 
                 
      2014       2013  
Deferred tax assets:                
Net operating loss carry forwards   $ 16,104,083     $ 15,960,340  
Equity issued for services     1,050,348       721,934  
Goodwill and other intangibles     773,019       218,896  
Investment in pass-through entity     268,476       -  
Other     591,259       338,087  
Gross deferred tax assets     18,787,185       17,239,257  
                 
Deferred tax liabilities:                
Goodwill and other intangibles   $ 312,277     $ 9,827,201  
Depreciation and amortization     312,823       286,520  
Investment in pass-through entity     -       2,414,716  
Gross deferred tax liabilities   $ 625,100     $ 12,528,437  
                 
Less valuation allowance     (18,307,844 )     (5,851,944 )
                 
Net deferred tax liabilities   $ (145,759 )   $ (1,141,124 )

 

During 2014, the Company recognized a $995,000 net deferred tax benefit primarily as a result of the expense recognized during the period related to the impairment of the investment in VATI and the Bascom patents. In 2013, the Company recognized a $10,962,000 deferred tax benefit as a result of the acquisition of DSS Technology Management, Inc. on July 1, 2013. Due to the acquisition, a temporary difference between the book fair value and the tax basis of the other intangible assets acquired created an approximately $11,962,000 deferred tax liability and additional goodwill. With the increase in the deferred tax liability, the Company reduced the deferred tax asset valuation allowance  by the amount of net operating loss that could offset the amortization of the deferred tax liability associated with the value of the patents acquired and recognized a deferred tax benefit of approximately $10,949,000.

 

The Company has approximately $48,513,000 in federal net operating loss carryforwards (“NOLs”) available to reduce future taxable income, which will expire at various dates from 2022 through 2034. Due to the uncertainty as to the Company's ability to generate sufficient taxable income in the future and utilize the NOLs before they expire, the Company has recorded a valuation allowance accordingly. The Company's NOLs could also be subject to annual limitation as a result of a change in its equity ownership as defined under the Internal Revenue Code Section 382. This limitation, as applicable, could further limit the use of the NOLs.

 

The excess tax benefits associated with stock option exercises are recorded directly to stockholders' equity only when realized. As a result, the excess tax benefits available in net operating loss carryforwards but not reflected in deferred tax assets was approximately $1,019,000. These carryforwards expire at various dates from 2022 through 2030.  The excess tax benefits associated with stock option exercises are recorded directly to stockholders' equity only when realized.

 

The differences between the United States statutory federal income tax rate and the effective income tax rate in the accompanying consolidated statements of operations are as follows:

 

2014     2013  
       
Statutory United States federal rate 34.0 %     34.0 %
State income taxes net of federal benefit (0.7 )     4.2  
Noncontrolling interest in pass-through entity (3.4 ) -
Permanent differences     (2.3 )     (4.5 )
Other     1.1       (0.8 )
Change in valuation reserves     (26.6 )     98.1  
                 
Effective tax rate     2.1 %     131.0 %

 

At December 31, 2014 and 2013, the total unrecognized tax benefits of $446,000 have been netted against the related deferred tax assets.

 

The Company recognizes interest accrued and penalties related to unrecognized tax benefits in tax expense. During the years ended December 31, 2014 and 2013 the Company recognized no interest and penalties.

 

The Company files income tax returns in the U.S. federal jurisdiction and various states. The tax years 2011-2014 generally remain open to examination by major taxing jurisdictions to which the Company is subject.