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INCOME TAXES
12 Months Ended
May 31, 2018
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

6.    INCOME TAXES


Income tax (expense) benefit from continuing operations for the years ended May 31, 2018 and 2017 consists of the following:


 Years ended May 31,

 

2018

 

 

2017

Current:

 

 

 

 

 

U.S. Federal

$

--

 

$

 --

State and local

 

(800)

 

 

--

Total current

 

(800)

 

 

--

Deferred:

 

 

 

 

 

U.S. Federal 

 

(31,000)

   

--

State and local

 

--

 

 

--

Total deferred

 

(31,000)

 

 

--

Income tax (expense) benefit

$

(31,800)

 

$

--


Income tax benefit (expense) from continuing operations differs from the amounts computed by applying the U.S. Federal income tax rate applicable for each year (blended rate for 2018 (35% and 21%) and 35% for 2017) to pretax income as a result of the following:


Years ended May 31,

2018

 

2017

Computed "expected" tax benefit

$

418,258

 

$

317,997

Increase (reduction) in income taxes resulting from:

         

Change in valuation allowance

 

(114,000)

 

 

(397,000)

State income taxes, net of federal benefit

 

71,794

   

30,215

Research and development tax credits

 

46,602

 

 

40,205

Permanent tax differences and other

 

78,795

   

8,583

Impact of tax rate changes

 

(533,249)

 

 

--

Income tax (expense)

$

(31,800)

 

$

 --


The tax effect of significant temporary differences is presented below:


As of May 31,

2018

 

2017

Deferred tax assets:

 

 

 

 

 

Accounts receivable, principally due to allowance for doubtful accounts and sales returns

$

15,000

 

$

19,000

Inventory valuation

 

13,000

 

 

14,000

Compensated absences and deferred payroll

 

49,000

   

62,000

Net operating loss carryforwards

 

923,000

 

 

968,000

Tax credit carryforwards

 

385,000

   

307,000

Deferred rent expense

 

5,000

 

 

6,000

Other

 

163,000

 

 

108,000

Accumulated depreciation and amortization

 

6,000

 

 

--

Total deferred tax assets

 

1,559,000

 

 

1,484,000

Less valuation allowance

 

(1,549,000)

 

 

(1,435,000)

Deferred tax asset Net  

10,000

   

49,000

Deferred tax liabilities:

 

 

 

 

 

Accumulated depreciation of property and equipment

 

--

   

(8,000)

 

 

 

 

 

 

Net deferred tax asset

$

10,000

 

$

41,000


The Company has provided a valuation allowance of approximately $1,549,000 and $1,435,000 as of May 31, 2018 and 2017, respectively. The net change in the valuation allowance for the years ended May 31, 2018 and 2017 was an increase of approximately $114,000 and $397,000, respectively.  The federal statutory tax rate of 35% has been changed to 21% for fiscal years beginning in 2019.  Deferred tax assets as of May 31, 2018 have been adjusted to reflect the change in tax rates.


At May 31, 2018, the Company has federal income tax net operating loss carryforwards of approximately $4,565,000. The federal net operating loss carryforwards begin to expire in 2030. At May 31, 2018, the Company has California state income tax net operating loss carryforwards of approximately $2,918,000.


At May 31, 2018, the Company has federal research and development tax credit carryforward of approximately $323,000.  The federal credits begin to expire in 2027.  The Company also had similar credit carryforwards for state purposes of $62,000 at May 31, 2018.


Pursuant to Internal Revenue Code Sections 382 and 383, annual use of the Company's net operating loss ("NOL") and credit carryforwards may be limited by statute because of a cumulative change in ownership of more than 50%. Pursuant to Sections 382 and 383 of the Code, the annual use of the Company's NOLs would be limited if there is a cumulative change of ownership (as that term is defined in Section 382(g) of the Code) of greater than 50% in a three year period. Based on management's analysis the Company does not believe that a cumulative change in ownership of greater than 50% has taken place.


For the year ended May 31, 2018, the Company did an analysis of its ASC 740 position and has not identified any uncertain tax positions as defined under ASC 740. Should such position be identified in the future and should the Company owe interest and penalties as a result of this, these would be recognized as interest expense and other expense, respectively, in the consolidated financial statements. The Company is no longer subject to any significant U.S. federal tax examinations by tax authorities for years before fiscal year 2013.


At May 31, 2018, the Company has German net operating loss carryforwards from its foreign subsidiary of approximately $35,000, resulting in a deferred tax asset of $10,000.  No valuation allowance has been established for the German deferred tax asset.