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11. INCOME TAXES
6 Months Ended
Jun. 30, 2018
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE 11 – INCOME TAXES

 

At June 30, 2018 and December 31, 2017, the Company had approximately $17.3 million and $16.4 million, respectively, of net operating losses ("NOL") carry forwards for federal and state income tax purposes.  These losses are available for future years and expire through 2034.  Utilization of these losses may be severely or completely limited if the Company undergoes an ownership change pursuant to Internal Revenue Code Section 382.  

 

The provision for income taxes for continuing operations consists of the following components for the three-months ended June 30, 2018 and the year ended December 31, 2017:

 

  2018   2017  
         
Current   $ -     $ -  
Deferred     -       -  
   Total tax provision for (benefit from) income taxes   $ -     $ -  

 

 

A comparison of the provision for income tax expense at the federal statutory rate of 21% for the three-months ended June 30, 2018 and the year ended December 31, 2017, the Company's effective rate is as follows:

 

    2018     2017  
             
Federal statutory rate     (21.0 ) %     (21.0 ) %
State tax, net of federal benefit     (0.0 )     (0.0 )
Permanent differences and other including surtax exemption     0.0       0.0  
Temporary difference     (15.9 )     (15.9 ) 
Valuation allowance     36.9       36.9  
Effective tax rate     0.0 %     0.0 %

 

The net deferred tax assets and liabilities included in the financial statements consist of the following amounts at June 30, 2018 and December 31, 2017:

    2018    

 

2017

 
Deferred tax assets            
Net operating loss carry forwards   $ 16,524,544     $ 16,403,873  
Deferred compensation     790,360       821,572  
Stock based compensation     2,900,734       2,900,734  
Other     581,639       581,639  
Total     20,797,277       20,707,818  
Less valuation allowance     (20,797,277 )     (20,707,818 )
Deferred tax asset     -       -  
Deferred tax liabilities                
Depreciation and amortization   $ -     $ -  
Net long-term deferred tax asset   $ -     $ -  

  

The change in the valuation allowance was $45,912 and $12,784,855 for the three-months ended June 30, 2018 and the year ended December 31, 2017, respectively.  The Company has recorded a 100% valuation allowance related to the deferred tax asset for the loss from operations, interest expense, interest income and other income subsequent to the change in ownership, which amounted to $20,797,277 and $20,707,818 at June 30, 2018 and December 31, 2017, respectively. 

 

Utilization of the Company’s net operating losses may be subject to substantial annual limitation if the Company experiences a 50% change in ownership, as provided by the Internal Revenue Code and similar state provisions.  Such an ownership change would substantially increase the possibility of net operating losses expiring before complete utilization.

 

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, historical taxable income including available net operating loss carry forwards to offset taxable income, and projected future taxable income in making this assessment.