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

Note 3 – Income Taxes

 

The following table presents the income tax provision from continuing operations for the years ended December 31 as indicated:

 

 

2019

 

 

2018

 

Current

 

 

 

 

 

 

 

Federal

$

(13,164

)

 

$

(153,610

)

State

 

334,307

 

 

 

597,909

 

 

 

321,143

 

 

 

444,299

 

Deferred

 

 

 

 

 

 

 

Federal

 

2,638,158

 

 

 

1,779,574

 

State

 

304,072

 

 

 

(426,927

)

 

 

2,942,230

 

 

 

1,352,647

 

Total

$

3,263,373

 

 

$

1,796,946

 

 

The following table presents the total income tax provision for the years ended December 31 as indicated:

 

 

2019

 

 

2018

 

Income tax provision

$

3,263,373

 

 

$

1,796,946

 

Discontinued operations

 

 

 

 

 

Total

$

3,263,373

 

 

$

1,796,946

 

 

The following table presents the temporary differences and carryforwards, which give rise to deferred tax assets and liabilities as of December 31 as indicated:

 

 

2019

 

 

2018

 

Deferred tax assets

 

 

 

 

 

 

 

Accrued vacation

$

171,391

 

 

$

139,713

 

Acquisition costs capitalized

 

50,450

 

 

 

55,917

 

Accrued remediation costs

 

115,000

 

 

 

120,493

 

Net operating loss carryforwards

 

925,774

 

 

 

435,121

 

Sec 163(j) interest limitation

 

 

 

 

199,582

 

Federal depreciation in excess of state

 

813,542

 

 

 

635,202

 

Accrued payables

 

62,721

 

 

 

17,914

 

Percentage completed contract method for tax

 

90,241

 

 

 

1,557,437

 

Accrued workers’ compensation

 

90,795

 

 

 

205,150

 

Capitalized bidding costs

 

86,112

 

 

 

73,565

 

Inventory adjustments

 

141,838

 

 

 

263,680

 

Lease liability

 

1,677,962

 

 

 

15,199

 

Accrued contract losses

 

67,190

 

 

 

164,843

 

Other

 

5,152

 

 

 

4,097

 

Total deferred tax assets

 

4,298,168

 

 

 

3,887,913

 

Deferred tax liabilities

 

 

 

 

 

 

 

481 (a) adjustment for deferred revenue

 

 

 

 

(24,602

)

Tax amortization in excess of financial statement amortization

 

(17,347

)

 

 

(13,378

)

Tax depreciation in excess of financial statement depreciation

 

(11,624,772

)

 

 

(9,910,975

)

Right-of-use assets

 

(1,664,814

)

 

 

 

Total deferred tax liabilities

 

(13,306,933

)

 

 

(9,948,955

)

Total net deferred tax liabilities

$

(9,008,765

)

 

$

(6,061,042

)

 

As of December 31, 2019, the Company had net operating loss (“NOL”) carryforwards of approximately $4.4 million available to offset future federal taxable income. Current tax law allows for an indefinite carryforward of the NOL to use against future taxable income, subject to a limitation of 80 percent of taxable income each year.

As of December 31, 2019, the non-current deferred tax liabilities increased to $9.0 million from $6.1 million as of December 31, 2018 primarily due to additional tax depreciation in excess of book depreciation. Current tax law provides for the full expensing of certain depreciable property for 2018 and through 2022 and partial expensing through 2026.

The Company accounts for income taxes in accordance with ASC 740, Income Taxes, which establishes the recognition requirements. Deferred tax assets and liabilities are recognized for the future tax effects attributable to temporary differences and carryforwards between the financial statement carrying amounts of existing assets and liabilities and the respective tax bases. 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 carrying amounts of deferred tax assets are reduced by a valuation allowance, if based on the available evidence, it is more likely than not such assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which the deferred tax assets are expected to be recovered or settled. In the assessment for a valuation allowance, appropriate consideration is given to positive and negative evidence related to the realization of the deferred tax assets. This assessment considers, among other matters, the nature, frequency and severity of current and cumulative losses, forecasts of future profitability and tax planning alternatives. If the Company determines it will not be able to realize all or part of the deferred tax assets, a valuation allowance would be recorded to reduce deferred tax assets to the amount that is more likely than not to be realized.

Based on assumptions with respect to forecasts of future taxable income and tax planning, among others, the Company anticipates being able to generate sufficient taxable income to utilize the deferred tax assets. Therefore, the Company has not recorded a valuation allowance against deferred tax assets. The minimum amount of future taxable income required to be generated to fully realize the deferred tax assets as of December 31, 2019 is approximately $14.4 million.

The following table presents the differences between the Company’s effective income tax rate and the federal statutory rate on income from continuing operations for the years ended December 31 as indicated:

 

 

2019

 

 

2018

 

Federal statutory rate

 

21.0

%

 

 

21.0

%

State tax rate, net of federal tax

 

4.2

%

 

 

4.0

%

Nondeductible expenses

 

6.2

%

 

 

5.4

%

Other

 

1.3

%

 

 

(4.1

)%

Total

 

32.7

%

 

 

26.3

%

 

The effective tax rate for 2018 was offset by true-ups to the prior year return and state rate changes of 6.6%. In addition, certain amounts associated with state tax permanent differences, previously reported under the caption “Other” in the effective tax rate reconciliation table above as of December 31, 2018, have been reclassified to conform to the December 31, 2019 presentation.

The Company had gross unrecognized tax benefits of $4,000 and $5,000 as of December 31, 2019 and 2018, respectively. The Company believes that it is reasonably possible that the liability for unrecognized tax benefits related to certain state income tax matters may be settled within the next twelve months. The federal statute of limitation has expired for tax years prior to 2016 and relevant state statutes vary. The Company is currently not under any income tax audits or examinations and does not expect the assessment of any significant additional tax in excess of amounts provided.

The following table presents a reconciliation of the beginning and ending amounts of unrecognized tax benefits for the years as indicated:

 

 

2019

 

 

2018

 

Balance as of January 1

$

4,723

 

 

$

4,723

 

Increase from current year tax positions

 

 

 

 

 

Increase from prior years’ tax positions

 

 

 

 

 

Decrease from settlements with taxing authority

 

(723

)

 

 

 

Decrease from expiration of statute of limitations

 

 

 

 

 

Balance as of December 31

$

4,000

 

 

$

4,723

 

 

The Company accrues interest and penalties related to unrecognized tax benefits as interest expense and other general and administrative expenses, respectively, and not as a component of income taxes. Decreases in interest and penalties are due to settlements with taxing authorities and expiration of statutes of limitation. During the years ended December 31, 2019 and 2018, the Company recognized $1,000 each year in interest and penalties. The Company had accrued as a current liability $11,000 for the future payment of interest and penalties as of both December 31, 2019 and 2018.