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INCOME TAXES
12 Months Ended
Mar. 31, 2014
INCOME TAXES  
INCOME TAXES

NOTE 9 - INCOME TAXES

 

We account for income taxes under the provisions of FASB ASC 740, Income Taxes.  The following table reflects loss from continuing operations by location, and the provision and benefit for income taxes and the effective tax rate for fiscal:

 

 

 

2014

 

2013

 

U.S. operations

 

$

(6,722,696

)

$

(1,796,789

)

Foreign operations

 

(558,168

)

(142,817

)

Loss from operations before tax

 

(7,280,864

)

(1,939,606

)

Income tax (benefit) expense provision

 

(185,473

)

472,331

 

Net Loss

 

$

(7,095,391

)

$

(2,411,937

)

 

The provision (benefit) for income taxes consists of the following as of March 31:

 

 

 

2014

 

2013

 

Current

 

 

 

 

 

Federal

 

$

28,450

 

$

(332,580

)

State

 

702

 

12,987

 

Foreign

 

(214,625

)

96,162

 

Total Current

 

(185,473

)

(223,431

)

Deferred

 

 

 

 

 

Federal

 

 

606,757

 

State

 

 

(47,458

)

Foreign

 

 

136,463

 

Total Deferred

 

 

695,762

 

Income tax expense (benefit) provision

 

$

(185,473

)

$

472,331

 

 

Reconciliation between income taxes computed at the federal statutory rate for fiscal years ended March 31, 2014 and 2013 to the effective income tax rates applied to the net loss reported in the Consolidated Statements of Operations and Other Comprehensive Loss:

 

 

 

2014

 

2013

 

Federal statutory income tax rate

 

34

%

34

%

State income tax, net of federal benefit

 

%

1

%

Change in valuation allowance

 

(32

)%

(53

)%

Stock based compensation

 

(1

)%

(6

)%

Other

 

2

%

%

Effective income tax rate

 

3

%

(24

)%

 

The following table summarizes the components of deferred income tax assets and liabilities:

 

 

 

2014

 

2013

 

Current Deferred Tax Assets:

 

 

 

 

 

Compensation

 

$

32,965

 

$

177,703

 

Allowance for doubtful accounts

 

9,866

 

9,824

 

Loss on uncompleted contracts

 

1,272,070

 

106,123

 

Net operating loss carryforward

 

30,145

 

30,145

 

Interest rate swaps

 

95,479

 

152,792

 

Other liabilities not currently deductible

 

310,089

 

341,726

 

Valuation allowance

 

(759,518

)

(562,548

)

Total Current Deferred Tax Asset

 

$

991,096

 

$

255,765

 

Noncurrent Deferred Tax Asset (Liability):

 

 

 

 

 

Share based compensation awards

 

369,880

 

323,734

 

Net operating loss carryforward

 

3,315,221

 

1,662,848

 

Valuation allowance

 

(3,647,070

)

(1,062,741

)

Total Noncurrent Deferred Tax Assets

 

$

38,031

 

$

923,841

 

Accelerated depreciation

 

(1,029,127

)

(1,179,606

)

Net Noncurrent Deferred Tax Asset (Liability)

 

$

(991,096

)

$

(255,765

)

Net Deferred Tax Asset

 

$

 

$

 

 

In assessing the recoverability of deferred tax assets, we consider whether it is more likely than not that some portion or all of the deferred tax assets will not be realized.  We have determined that it is more likely than not that certain future tax benefits may not be realized.  Accordingly, a valuation allowance has been recorded against deferred tax assets that are unlikely to be realized.  Realization of the remaining deferred tax assets will depend on the generation of sufficient taxable income in the appropriate jurisdiction, the reversal of deferred tax liabilities, tax planning strategies and other factors prior to the expiration date of the carryforwards.  A change in the estimates used to make this determination could require an increase in deferred tax assets if they become realizable.

 

The following table summarizes carryforwards of net operating losses and tax credits as of March 31, 2014:

 

 

 

Amount

 

Begins to
Expire:

 

Federal net operating losses

 

$

5,865,609

 

2025

 

Federal alternative minimum tax credits

 

$

76,185

 

Indefinite

 

State net operating losses

 

$

20,016,690

 

2032

 

 

The Internal Revenue Code provides for a limitation on the annual use of net operating loss carryforwards following certain ownership changes that could limit our ability to utilize these carryforwards on a yearly basis. We experienced an ownership change in connection with the acquisition of Ranor. Accordingly, our ability to utilize certain carryforwards is limited. Additionally, U.S. tax laws limit the time during which these carryforwards may be applied against future taxes. Therefore, we may not be able to take full advantage of these carryforwards for Federal or state income tax purposes.

 

The following table provides a reconciliation of our unrecognized tax benefits as of March 31, 2014:

 

Unrecognized tax benefits at March 31, 2013

 

$

17,206

 

Increases based on tax positions related to 2014

 

 

Increases based on tax positions prior to 2014

 

702

 

Decreases from expiration of statute of limitations 

 

 

Unrecognized tax benefits at March 31, 2014

 

$

17,908

 

 

We recognized $702 in interest expense related to uncertain tax positions in the tax provision (benefit) on the Consolidated Statements of Operations and Other Comprehensive Income (Loss). We have not accrued any penalties with respect to uncertain tax positions.

 

We file income tax returns in the U.S. federal jurisdiction, and various state jurisdictions. Our foreign subsidiary files separate income tax returns in the foreign jurisdiction in which it is located.  Tax years 2010 and forward remain open for examination.  We recognize interest and penalties accrued related to income tax liabilities in selling, general and administrative expense in its Consolidated Statements of Operations.