7. INCOME TAXES

12 Months Ended

Oct. 31, 2013

Income Tax Disclosure [Abstract]

INCOME TAXES

The Company’s (benefit) provision for income taxes in 2013 and 2012 consisted of the following:

	2013			2012
Current
Federal	$	(60,108	)	$	1,145,145
State and local		181,341			134,736
		121,233			1,279,881
Deferred
Federal		(516,000	)		211,000
State and local		1,000			(20,500	)
		(515,000	)		190,500
Income tax (benefit) expense	$	(393,767	)	$	1,470,381

A reconciliation of the difference between the expected income tax rate using the statutory federal tax rate and the Company’s effective tax rate is as follows:

	2013			2012
Tax at the federal statutory rate of 34%	$	(585,362	)	$	1,378,625
Non controlling interest		(51,800	)		(33,600	)
Amortization		(14,903	)		(14,900	)
Section 199		(20,400	)		(23,100	)
Accrual adjustments		(60,108	)		50,430
Other permanent differences		219,121			24,000
State and local tax, net of federal		119,685			88,926
Provision for income taxes	$	(393,767	)	$	1,470,381
Effective income tax rate		(23	)%		36	%

The tax effects of the temporary differences that give rise to the deferred tax assets and liabilities as of October 31, 2013 and 2012 are as follows:

	2013		2012
Current deferred tax assets:
Accounts receivable	$	54,553	$	77,543
Net operating loss		866,000		-
Unrealized loss		372,791		580,390
Inventory		37,322		44,722
Total current deferred tax asset	$	1,330,666	$	702,655
Non-current deferred tax assets:
Deferred rent		74,044		60,484
Deferred compensation		195,290		191,861
Total non-current deferred tax asset	$	269,334	$	252,345
Total deferred tax asset	$	1,600,000	$	955,000
Non-current deferred tax liability:
Fixed assets		415,000		285,000
Total deferred tax liabilities	$	415,000	$	285,000

As of October 31, 2013 and 2012, the company has approximately $2,500,000 and $0 respectively, of federal and state net operating loss (“NOLs”) carryovers available to offset future taxable income, which expire beginning in October 31, 2033.  In accordance with section 382 of the Internal Revenue Code, deductibility of the Company’s net operating loss carryovers may be subject to annual limitations in the event of a change in control.

 A valuation allowance was not provided at October 31, 2013 or 2012.  In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized.  The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible.  Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment.  Based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are expected to be deductible, management believes it is more likely than not the Company will realize the benefits of these deductible differences.  The amount of the deferred tax asset considered realizable, however, could be reduced in the near term if estimates of future taxable income are reduced.

As of October 31, 2013 and 2012, the Company did not have any unrecognized tax benefits or open tax positions.  The Company’s practice is to recognize interest and/or penalties related to income tax matters in income tax expense.  As of October 31, 2013 and 2012, the Company had no accrued interest or penalties related to income taxes.  The Company currently has no federal or state tax examinations in progress.

The Company files a U.S. federal income tax return and California, Colorado, Kansas, New Jersey, New York, Texas, Rhode Island, South Carolina and Oregon state tax returns.  The Company’s federal income tax return is no longer subject to examination by the federal taxing authority for years before fiscal 2010.  The Company’s California, Colorado and New Jersey income tax returns are no longer subject to examination by their respective taxing authorities for the years before fiscal 2007.  The Company’s Oregon, New York, Kansas and Texas income tax returns are no longer subject to examination by their respective taxing authorities for the years before fiscal 2008.