13. Income Taxes

The Company had taxable income for the years ended December 31, 2014, 2013 and 2012.

A reconciliation of the statutory U.S. Federal income tax and the income tax provision included in the accompanying consolidated statements of operations is as follows (in thousands):


Year Ended December 31, 2014		Total
Statutory rate		34	%
Tax (benefit) expense at statutory rate	$	(270	)
State income tax (benefit) expense		(40	)
Permanent difference		304

Total income tax provision (benefit)	$	(6	)


Year Ended December 31, 2013		Continuing			Discontinued			Total
		Operations			Operations
Statutory rate		34	%		34	%		34	%
Tax (benefit) expense at statutory rate	$	1,689		$	(5	)	$	1,684
State income tax (benefit) expense		255			-			255
Permanent difference		4			-			4
Other		62			(62	)		-
Net change in deferred tax asset valuation allowance		-			190			190

Total income tax provision (benefit)	$	2,010		$	123		$	2,133


Year Ended December 31, 2012		Continuing			Discontinued			Total
		Operations			Operations
Statutory rate		34	%		34	%		34	%
Tax (benefit) expense at statutory rate	$	2,229		$	(1,955	)	$	274
State income tax (benefit) expense		43			-			43
Permanent difference		35			(84	)		(49	)
Other		6			-			6
Net change in deferred tax asset valuation allowance		-			600			600

Total income tax provision (benefit)	$	2,313		$	(1,439	)	$	874

Management has evaluated the positions taken in connection with the tax provisions and tax compliance for the years included in these financial statements. The Company believes that all of the positions it has taken will prevail on a more likely than not basis. As such no disclosure of such positions was deemed necessary. Management continuously estimates its ability to recognize a deferred tax asset related to prior period net operating loss carry forwards based on its anticipation of the likely timing and adequacy of future net income.

In 2013, management determined using the more likely than not criteria for recognition that upon sale of the Pipeline asset, the Company would not be able to utilize the state net operating loss carryforwards associated with TPC and the Tennessee oil and gas properties, and therefore established an allowance for these state net operating loss carryforwards. The total valuation allowance at December 31, 2014 and 2013 was $790,000.

As of December 31, 2014, the Company had net operating loss carry forwards of approximately $20.2 million which will expire between 2018 and 2031 if not utilized. The Company recognizes the excess income tax benefit associated with certain stock compensation deductions when such deductions produce a reduction in the Companys current tax liability under the with and without approach. Due to cumulative net operating loss carryforwards (NOLs) that exceeded the excess income tax benefits generated in prior reporting periods, the Company has not recognized the excess benefit of the tax deductions upon the exercise of stock options in any prior reporting period. As of December 31, 2014, the Companys estimated net operating losses for tax return filing purposes exceeds the gross amount for financial reporting purposes by $1.9M. The tax effect of this excess tax benefit will be recorded as a reduction to APIC in a future reporting period when the cash benefit is realized. Our open tax years include all returns filed for 2011 and later. In addition, any of the Companys NOLs for tax reporting purposes are still subject to review and adjustment by both the Company and the IRS to the extent such NOLs should be carried forward into an open tax year.

The Companys deferred tax assets and liabilities are as follows: (in thousands)


		Year Ended December 31,
		2014			2013
Net deferred tax assets - current:
Charitable contribution	$	-		$	62
Bad debt	$	68		$	68
Total deferred tax assets current	$	68		$	130

Net deferred tax assets (liabilities) noncurrent:
Net operating loss carryforwards	$	7,173		$	7,723
Oil and gas properties		(894	)		979
Property, Plant and Equipment		711			(1,562	)
Asset retirement obligation		786			565
Tax credits		202			196
Miscellaneous		95			98
Valuation allowance		(790	)		(790	)
Total deferred tax assets noncurrent	$	7,283		$	7,209

Net deferred tax asset	$	7,351		$	7,339