Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
NOTE E - INCOME TAXES

Significant components of the income taxes were as follows for the years ended December 31, 2018 and 2017.

 

    2018     2017  
Current            
State and local   $ 82,000     $ 45,000  
Federal     2,226,000       2,012,000  
Total Current Tax Expense   $ 2,308,000     $ 2,057,000  
                 
Deferred                
State and local           1,000  
Federal           38,000  
Total Deferred Tax Expense           39,000  
                 
Total Income Taxes   $ 2,308,000     $ 2,096,000  
                 

 

Significant components of deferred tax assets as of December 31, 2018 and 2017 consist of the following:

 

    2018     2017  
Deferred tax assets:            
Options, warrants and restricted stock units     168,000       168,000  
    $ 168,000     $ 168,000  

 

The reconciliation between the taxes as shown and the amount that would be computed by applying the statutory federal income tax rate to the net income before income taxes is as follows:

 

    Years Ended  
    December 31,  
    2018     2017  
             
Income tax - statutory rate     21.00 %     34.0 %
State and local, net     1.75 %     0.73 %
Other Net     0.30 %     (1.08 )%
      23.05 %     33.65 %

  

 

While only the tax returns for the three years ended prior to December 31, 2018 are open for examination for taxes payable for those years, tax authorities could challenge returns (only under certain circumstances) for earlier years to the extent that they generated loss carry-forwards that are available for those future years. In July 2018 the Internal Revenue Service notified the Company that it was examining its 2016 federal tax return.

 

The Company re-evaluated certain deferred tax assets and liabilities based on the rates at which they are anticipated to reverse in the future, which is generally 21%, and determined that such items had no material impact on the Company's financial statements.

 

The personal holding company ("PHC") rules under the Internal Revenue Code impose a 20% tax on a PHC's undistributed personal holding company income ("PHC Income"), which means, in general, taxable income subject to certain adjustments. For a corporation to be classified as a PHC, it must satisfy two tests: (i) that more than 50% in value of its outstanding shares must be owned directly or indirectly by five or fewer individuals at any time during the second half of the year (after applying constructive ownership rules to attribute stock owned by entities to their beneficial owners and among certain family members and other related parties) (the "Ownership Test") and (ii) at least 60% of its adjusted ordinary gross income for a taxable year consists of dividends, interest, royalties, annuities and rents (the "Income Test"). In the second half of 2018 (as well as the second half of prior years), the Company did not meet the Ownership Test. Due to the significant number of shares held by the Company's largest shareholders, the Company continually assesses its share ownership to determine whether it meets the Ownership Test. If the Ownership Test were met and the income generated by the Company were determined to constitute "royalties" within the meaning of the Income Test, the Company would constitute a PHC and the Company would be subject to a 20% tax on the amount of any PHC Income that it does not distribute to its shareholders.