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Income Taxes
12 Months Ended
May 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes
(2)Income Taxes

 

A reconciliation of the provision for income taxes computed at the federal statutory rates of 21.0% for fiscal 2020 and fiscal 2019 to the reported amounts is as follows:

 

   2020   2019 
   Amount   %   Amount   % 
Amounts at statutory federal tax rate  $(380,000)   (21.0)%  $(386,000)   (21.0)%
Noncontrolling interest   (6,000)   (0.3)   (8,000)   (0.4)
State and local taxes, net of federal income tax effect   (147,000)   (8.1)   (115,000)   (6.3)
Benefit of NOL at higher federal rate   (202,000)   (11.2)   -    - 
Non-deductible expenses and other   23,000    1.3    (29,000)   (1.6)
   $(712,000)   (39.3)%  $(538,000)   (29.3)%

 

The components of the provision for income taxes are as follows:

 

   Federal   State   Total 
2020:   Current  $(586,000)  $22,000   $(564,000)
Deferred   16,000    (164,000)   (148,000)
   $(570,000)  $(142,000)  $(712,000)
                
2019:   Current  $(10,000)  $30,000   $20,000 
Deferred   (383,000)   (175,000)   (558,000)
   $(393,000)  $(145,000)  $(538,000)

 

The tax effects of temporary differences that give rise to significant portions of the deferred income tax assets at May 31, 2020 and 2019 are as follows:

 

   2020   2019 
Allowance for doubtful accounts receivable  $52,000   $52,000 
Accrued compensation and other accrued expenses   23,000    33,000 
Net operating loss carryforwards   487,000    554,000 
Equipment and leasehold improvement depreciation and amortization   (3,000)   1,000 
Unrealized gain   (10,000)   (5,000)
Legal settlement with investor   233,000    - 
Other items, net   2,000    1,000 
Total deferred income tax assets  $784,000   $636,000 

 

The Company believes that it is more likely than not that it will realize the benefits of its deferred tax assets based primarily on the Company's history of and projections for taxable income in the future. The federal net operating loss carryforwards may be used indefinitely and the state carryforwards are generally usable for 20 years.

 

The Company recognizes interest and penalties associated with tax matters as selling, general and administrative expenses and includes accrued interest and penalties with accrued and other liabilities in the consolidated balance sheets.

 

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (the "CARES Act") was signed into law in response to the COVID-19 pandemic. The CARES Act provides numerous tax provisions and stimulus measures, including temporary changes regarding the prior and future utilization of net operating losses, temporary changes to the prior and future limitations on interest deductions, and technical corrections from prior tax legislation for tax depreciation of certain qualified improvement property. The Company has evaluated the provisions of the CARES Act relating to income taxes which resulted in the ability to carryback net operating losses and file for a federal tax refund of approximately $586,000 which has been recorded in the May 31, 2020 consolidated balance sheet.

 

In the third quarter of fiscal 2018, the Company discovered it had not filed required information returns related to a foreign bank account opened by a subsidiary in fiscal 2016 with contributions totaling approximately $25,000. The Company has accrued an expense of $30,000 with a charge to selling, general and administrative expenses for potential penalties that may be assessed. The Company will monitor this reserve periodically to determine if it is more-likely-than-not that penalties will be assessed. Changes to the reserve may occur due to changes in judgment, abatement, negotiation or expiration of the statute of limitations on the returns.

 

A reconciliation of the beginning and ending amount of unrecognized tax benefit as follows:

   2020   2019 
         
Balance at beginning of fiscal year  $30,000   $30,000 
Additions based on tax positions related to current year   -    - 
Additions for tax positions of prior years   -    - 
Reductions for tax positions of prior years   -    - 
Settlements   -    - 
Balance at end of fiscal year  $30,000   $30,000 

 

The Company's federal and state income tax returns prior to fiscal year 2017 are closed.