NOTE 19. INCOME TAXES

The provisions for income tax benefit (expense) are summarized as follows:


	2016				2015				2014
	Current		Deferred		Current		Deferred		Current		Deferred
Federal	$	(159,596)	$	(10,740,617)	$	479,671	$	(5,607,970)	$	(2,233,512)	$	(1,223,260)
State		(311,525)		(625,116)		185,584		(326,389)		(302,896)		(71,195)
Total	$	(471,121)	$	(11,365,733)	$	665,255	$	(5,934,359)	$	(2,536,408)	$	(1,294,455)

Deferred tax assets and liabilities are recognized for the future tax consequences attributable to the differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carryforwards. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.

The sources of these differences and the related deferred income tax assets (liabilities) are summarized as follows:


	Deferred Tax
	2016		2015
Deferred Income Tax Assets
Depreciation	$	2,475,898	$	2,833,613
Intangible Lease Liabilities		11,714,651		12,336,115
Deferred Revenue (Net of Straight-line Rent Adjustments)		(105,729)		4,524,189
Deferred Oil Lease Income		225,924		405,313
Deferred Lease Expense		858,882		1,003,967
Stock Options and Restricted Stock		1,438,292		1,020,855
Unrealized Loss on Investment Securities		—		432,677
Impairment Reserves		2,085,808		1,688,979
Other - Net		217,887		381,897
Gross Deferred Income Tax Assets		18,911,613		24,627,605
Less - Valuation Allowance		(415,453)		(415,453)
Net Deferred Income Tax Assets		18,496,160		24,212,152
Deferred Income Tax Liabilities
Sales of Real Estate		(68,358,404)		(62,067,529)
Discount on Equity Component of Convertible Debt		(904,422)		(1,150,507)
Basis Difference in Joint Venture		(342,015)		(342,015)
Interest Rate Swap		(255,891)		—
Other - Net		—		(178,507)
Total Deferred Income Tax Liabilities		(69,860,732)		(63,738,558)
Net Deferred Income Tax Liabilities	$	(51,364,572)	$	(39,526,406)

In assessing the realizability of deferred income tax assets, Management considers whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The ultimate realization of deferred income tax assets is dependent upon the realization of future taxable income during the periods in which those temporary differences become deductible. We consider past history, the scheduled reversal of taxable temporary differences, projected future taxable income, and tax planning strategies in making this assessment. As of December 31, 2016 and 2015, we believe it is more likely than not that a portion of the Company’s deferred income tax assets will not be realized, and accordingly, a valuation allowance has been provided. As of December 31, 2016 and 2015, the valuation allowance was approximately $415,000.

As of December 31, 2016 and 2015, the valuation allowance relates solely to a basis difference in a joint venture with a wholly owned and fully consolidated subsidiary, and no valuation allowance is provided for charitable contribution carryforwards due to the expectation of full utilization during 2016 and 2015.

Following is a reconciliation of the income tax computed at the federal statutory rate of 35% for 2016, 2015, and 2014:


	Year ended December 31,
	2016		2015		2014
Income Tax (Expense) Benefit Computed at Federal Statutory Rate	$	(9,219,942)	$	(4,481,029)	$	(3,575,138)
Increase (Decrease) Resulting from:
State Income Tax, Net of Federal Income Tax Benefit		(1,693,578)		(755,481)		(349,334)
Income Tax on Permanently Non-Deductible Items		(1,015,936)		—		—
Other Reconciling Items		92,602		(32,594)		93,609
Benefit (Expense) for Income Taxes	$	(11,836,854)	$	(5,269,104)	$	(3,830,863)

The effective income tax rate for each of the three years ended December 31, 2016, 2015, and 2014, including income taxes attributable to the discontinued operations, was 42.2%, 38.9%, and 37.5%, respectively. The provision for income taxes reflects the Company’s estimate of the effective rate expected to be applicable for the full fiscal year, adjusted for any discrete events, which are reported in the period that they occur. During the first quarter of 2016, 68,000 shares of restricted Company common stock were permanently surrendered which constituted a discrete event in which the total related stock compensation expense charged to earnings under GAAP of approximately $2.3 million, of which approximately $1.6 million was recognized during the first quarter of 2016 and approximately $676,000 was recognized during the year ended December 31, 2015, became permanently non-deductible for tax purposes as the surrendered shares will not vest. Accordingly, no income tax benefit was recorded related to the approximately $2.3 million of stock compensation expense.

The Company files a consolidated income tax return in the United States Federal jurisdiction and the States of Arizona, Colorado, California, Florida, Illinois, Georgia, Maryland, North Carolina, Texas, and Washington. The Internal Revenue Service has audited the federal tax returns through the year 2012, with all proposed adjustments settled. The Florida Department of Revenue has audited the Florida tax returns through the year 2014, with all proposed adjustments settled. The Company recognizes all potential accrued interest and penalties to unrecognized tax benefits in income tax expense. For the years ended December 31, 2016, 2015, and 2014 the Company recognized no uncertain tax positions or accrued interest and penalties for uncertain tax positions.

Net income taxes paid during the years ended December 31, 2016, 2015, and 2014 totaled approximately $510,000, $1.2 million, and $3.0 million, respectively. Additionally, income taxes totaling approximately $133,000 were refunded during the year ended December 31, 2016.