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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 13 – Income Taxes

The Company’s current and deferred income tax provision are as follows:

 

 

 

 

 

 

 

 

 

Year Ended December 31, 

 

    

2019

    

2018

Current provision (benefit):

 

 

  

 

 

  

Federal

 

$

 —

 

$

4,000

States

 

 

133,000

 

 

90,000

Total current provision

 

 

133,000

 

 

94,000

Deferred provision:

 

 

  

 

 

  

Federal

 

 

333,000

 

 

575,000

States

 

 

119,000

 

 

205,000

Total deferred provision

 

 

452,000

 

 

780,000

Total provision for income taxes

 

$

585,000

 

$

874,000

 

The provision for income taxes is different from amounts computed by applying the U.S. statutory rates to consolidated earnings (loss) before taxes. The significant reason for these differences is as follows:

 

 

 

 

 

 

 

 

 

Year Ended December 31, 

 

    

2019

    

2018

Expected tax provision -- Income taxes computed at Federal statutory rate

 

$

(6,654,000)

 

$

6,000

Increase (decrease) in tax expense resulting from:

 

 

  

 

 

  

Gain on asset contribution

 

 

782,000

 

 

 —

Crackle amortization

 

 

2,769,000

 

 

 —

State and local taxes

 

 

276,000

 

 

276,000

Programming costs

 

 

(41,000)

 

 

(1,384,000)

Acquisition-related costs

 

 

887,000

 

 

116,000

Share-based compensation - incentive plan

 

 

286,000

 

 

237,000

Film library

 

 

341,000

 

 

1,620,000

Allowance for doubtful accounts

 

 

348,000

 

 

 —

Other

 

 

28,000

 

 

3,000

Increase in valuation allowance

 

 

1,563,000

 

 

 —

Actual tax provision

 

$

585,000

 

$

874,000

 

Deferred income taxes reflect the “temporary differences” between the financial statement carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, adjusted by the relevant tax rate. The components of the deferred tax assets and liabilities are as follows:

 

 

 

 

 

 

 

 

 

December 31, 

 

December 31, 

 

 

2019

 

2018

Deferred Tax Assets:

 

 

  

 

 

  

Net operating loss carry-forwards

 

$

9,680,000

 

$

3,022,000

Acquisition-related costs

 

 

723,000

 

 

663,000

Film library and other intangibles

 

 

3,769,000

 

 

427,000

Deferred state taxes

 

 

34,000

 

 

157,000

Less: valuation allowance

 

 

(11,243,000)

 

 

(719,000)

Total Deferred Tax Assets

 

$

2,963,000

 

$

3,550,000

Deferred Tax Liabilities:

 

 

  

 

 

  

Programming costs

 

 

2,820,000

 

 

2,779,000

Other assets

 

 

143,000

 

 

319,000

Total Deferred Tax Liabilities

 

$

2,963,000

 

$

3,098,000

Net deferred tax asset

 

$

 —

 

$

452,000

 

 

 The Company and its subsidiaries have combined net operating losses of approximately $35,951,000,  $10,845,000 of which were incurred before 2018 and expire between 2031 and 2037 with the balance of $25,106,000 having no expiration under changes made by the Tax Cuts and Jobs Act but may only be utilized generally to offset 80 percent of taxable income. The ultimate realization of the tax benefit from net operating losses is dependent upon future taxable income, if any, of the Company.

Internal Revenue Code Section 382 imposes limitations on the use of net operating loss carryovers when the stock ownership of one or more 5% stockholders (stockholders owning 5% or more of the Company’s outstanding capital stock) has increased by more than 50 percentage points. Additionally, the separate-return-limitation-year (SRLY) rules that apply to consolidated returns may limit the utilization of losses in a given year when consolidated tax returns are filed. Management has determined that because of a recent history of recurring losses, the ultimate realization of the net operating loss carryovers is not assured and has recorded a full valuation allowance. Public trading of the Company’s stock poses a risk of an ownership change beyond the control of the Company that could trigger a limitation of the use of the loss carryover.

The deferred tax asset valuation allowance increased by $10,524,000 and $609,000 for the years ended December 31, 2019 and 2018, respectively.