Income Taxes

12 Months Ended

Dec. 31, 2012

Income Tax Disclosure [Abstract]

Income Taxes

NOTE 10 – INCOME TAXES

The Company paid no federal or state income taxes during 2012 and 2011. Income tax benefit on losses differed from the amounts computed by applying the U.S. federal income tax rate of 34% to pretax losses as a result of the following:

	2012		2011
Income tax benefit	$	(761,876)	$	(2,023,149)
Nondeductible expenses		129,843		6,922
State taxes net of federal benefit		(103,077)		(273,720)
Change in valuation allowance		735,110		2,289,947
Total income tax expense	$	-	$	-

The tax effects of temporary differences that give rise to significant portions of the Company’s deferred tax assets (liabilities) as of December 31, 2012 and 2011 are presented below:

	2012		2011
Deferred income tax asset
Net operating loss carryforward	$	10,338,475	$	9,577,483
Valuation allowance		(10,220,972)		(9,485,861)
Total deferred income tax asset		117,503		91,622
Deferred income tax liability - depreciation		(117,503)		(91,622)
Deferred tax asset (liability)	$	-	$	-

At December 31, 2012, the Company had net operating losses of approximately $26,400,000 that will begin to expire in 2023. The valuation allowances for 2012 and 2011 have been applied to offset the deferred tax assets in recognition of the uncertainty that such benefits will be realized.

In accordance with generally accepted accounting principles, the Company has analyzed its filing positions in all jurisdictions where it is required to file income tax returns for the open tax years in such jurisdictions. The Company has identified its federal income tax returns for the years ended December 31, 2009 through 2012 remain subject to examination. The Company’s income tax returns in state income tax jurisdictions remain subject to examination for years ended December 31, 2009 through 2012. The Company currently believes that all significant filing positions are highly certain and that all of its significant income tax filing positions and deductions would be sustained upon audit. Therefore, the Company has no significant reserves for uncertain tax positions, and no adjustment to such reserves was required by generally accepted accounting principles. No interest or penalties have been levied against the Company and none are anticipated, therefore no interest or penalty has been included in the provision for income taxes in the consolidated statements of operations.

The Internal Revenue Code contains provisions which reduce or limit the availability and utilization of net operating loss carry forwards in the event of a more than 50% change in ownership. If such an ownership change occurs with the Company, the use of these net operating losses could be limited.