Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2017
Notes to Financial Statements  
NOTE E - INCOME TAXES

Significant components of the income taxes were as follows for the years ended December 31, 2017 and December 31, 2016.

 

    2017     2016  
Current            
State and local   $ 45,000     $ 170,000  
Federal     2,012,000       4,017,000  
                 
Total Current Tax Expense   $ 2,057,000     $ 4,187,000  
                 
Deferred                
State and local     1,000       163,000  
Federal     38,000       4,588,000  
Total Deferred Tax Expense     39,000       4,751,000  
                 
Total Income Taxes   $ 2,096,000     $ 8,938,000  

 

Significant components of deferred tax assets as of December 31, 2017 and December 31, 2016 consist of the following:

 

    2017     2016  
Deferred tax assets:                
Options, warrants and restricted stock units     168,000       207,000  
    $ 168,000     $ 207,000  

 

The Company utilized its remaining federal, state and local net operating loss carry-forwards of approximately $20.7 million in 2016.

 

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:

 

  Year Ended
  December 31,
  2017   2016
       
Income tax - statutory rate 34.0%   34.0%
State and local, net 0.73%    1.03% 
Other – Net (1.08%)   0.3%
Change in Valuation allowance on deferred tax assets   (7.3)% 
  33.65%   28.03% 

 

While only the tax returns for the three years ended prior to December 31, 2017 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.

 

The Company re-measured certain deferred tax assets and liabilities based on the rates at which they are anticipated to reverse in the future, which is generally 21%. However, the Company is still examining certain aspects of the 2017 Tax Cuts and Job Act and refining calculations which could potentially affect the measurement of these balances or potentially give rise to new deferred tax amounts. 

 

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 5 or fewer individuals at anytime 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 2017 (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.