DISCONTINUED OPERATIONS AND ASSETS HELD FOR SALE | NOTE 12 – DISCONTINUED OPERATIONS AND ASSETS HELD FOR SALE As described in Note 1 The key components of the income (loss) from discontinued operations for the three and nine months ended September 30, 2024 and 2023 were as follows: For the three months ended For the nine months ended September 30, 2024 September 30, 2023 September 30, 2024 September 30, 2023 REVENUES $ 151,158 $ 249,933 $ 1,241,032 $ 488,389 COST OF REVENUES 153,097 1,569,413 1,134,808 2,828,794 GROSS PROFIT (LOSS) (1,939 ) (1,319,480 ) 106,224 (2,340,405 ) OPERATING EXPENSES: General and administrative 22,072 11,032 92,472 49,301 Professional fees 18,563 63,681 72,893 164,625 Other operating expenses 3,404 66,637 118,933 310,985 TOTAL OPERATING EXPENSES 44,039 141,350 284,298 524,911 LOSS FROM OPERATIONS (45,978 ) (1,460,830 ) (178,074 ) (2,865,316 ) OTHER INCOME (EXPENSE): Other miscellaneous income (expense) 1,566 1,087 (16,711 ) (8,225 ) TOTAL OTHER INCOME (EXPENSE) 1,566 1,087 (16,711 ) (8,225 ) LOSS FROM DISCONTINUED OPERATIONS, BEFORE TAX (44,412 ) (1,459,743 ) (194,785 ) (2,873,541 ) Income tax expense - - - - LOSS FROM DISCONTINUED OPERATIONS, NET OF TAX $ (44,412) $ (1,459,743) $ (194,785) $ (2,873,541) Depreciation and amortization expense of USAMSA totaled $nil for the three and nine months ended September 30, 2024, and $155,538 and $466,421 for the three and nine months ended September 30, 2023, respectively. Capital expenditures of USAMSA were $nil for the three and nine months ended September 30, 2024, and $30,000 and $182,322 for the three and nine months ended September 30, 2023, respectively. The carrying amounts of major classes of assets and liabilities of USAMSA included in assets and liabilities of discontinued operations were as follows: September 30, 2024 December 31, 2023 ASSETS CURRENT ASSETS Accounts receivable $ 40,193 $ - Inventories, net 31,457 366,955 Prepaid expenses and other current assets 2,910 - Total current assets, discontinued operations 74,560 366,955 Properties, plants and equipment, net 5,689,446 5,689,446 IVA receivable and other assets, net 428,164 491,139 Total assets, discontinued operations $ 6,192,170 $ 6,547,540 LIABILITIES CURRENT LIABILITIES Accounts payable 133,780 126,788 Accrued liabilities 15,053 24,500 Total current liabilities, discontinued operations 148,833 151,288 Asset retirement obligations 536,466 536,466 Total liabilities, discontinued operations $ 685,299 $ 687,754 Mexico Tax Assessment In 2015, the Mexican tax authority (“SAT”) initiated an audit of the USAMSA’s 2013 income tax return. In October 2016, as a result of its audit, SAT assessed the Company $13.8 million pesos, which was approximately $666,400 in U.S. Dollars (“USD”) as of December 31, 2016. SAT’s assessment was based on the disallowance of specific costs that the Company deducted on the 2013 USAMSA income tax return. The assessment was settled in 2018 with no assessment due from the Company. In 2019, the Company was notified that SAT re-opened its assessment of USAMSA’s 2013 income tax return and, in November 2019, SAT assessed the Company $16.3 million pesos, which was approximately $865,000 USD as of December 31, 2019. Management reviewed the 2019 assessment notice from SAT and, similar to the earlier assessment, believed the findings have no merit. An appeal was filed by the Company in November 2019 suspending SAT from taking immediate action regarding the assessment. In August 2020, the Company filed a lawsuit against SAT for resolution of the process and, in December 2020, filed closing arguments. In 2022, the Mexican court ruled against the Company in the above matter, which was subsequently appealed by the Company. As of December 31, 2023, the updated SAT assessment was approximately $22.4 million pesos, or approximately $1,320,000 USD, which includes $352,000 of unpaid income taxes and $968,000 of interest and penalties. Management, along with its legal counsel, assessed the possible outcomes for this tax audit and believed, based on discussions with its attorneys located in Mexico, that the most likely outcome would be that the Company would be successful in its appeal resulting in no tax due. Management determined that no amount should be accrued at December 31, 2023 relating to this potential tax liability. In March 2024, Mexico’s appellate court ruled in favor of the Company with no assessment due related to this audit of USAMSA’s 2013 income tax return by SAT and instructed the lower court to issue a new ruling. In May 2024, Mexico’s lower court issued a final ruling on this matter in favor of the Company but left open the possibility for the SAT to re-open their audit. Subsequent to this judgment, the Company requested a final ruling on whether SAT can re-open this matter, on which the appellate court has not ruled. These rulings support the Company’s position on this tax matter and have had no impact on the Company’s financial statements. Mexico Value Added Tax USAMSA records a receivable for the Value Added Tax (“VAT” or “IVA”) it pays on certain goods and services representing amounts to be reimbursed from the Mexican government. This receivable balance of $973,414 and $1,122,628 at September 30, 2024 and December 31, 2023, respectively, is recorded in “IVA receivable and other assets, net” in USAMSA’s assets held for sale in discontinued operations net of a reserve of $601,295 and $687,534 at September 30, 2024 and December 31, 2023, respectively. |