Income Taxes | (13) Income Taxes The Company’s provision for income taxes differs from applying the statutory U.S. federal income tax rate to income before taxes. The primary difference results from providing for state income taxes and from deducting certain expenses for financial statement purposes but not for federal income tax purposes. Year Ended December 31, 2016 2015 United States $ (19,443,190) $ (19,711,838) $ (19,443,190) $ (19,711,838) Year Ended December 31, 2016 2015 Current: Federal $ - $ - State 50,362 - Total current 50,362 - Deferred: Federal - (15,117,246) State - (2,420,162) Total deferred - (17,537,408) $ 50,362 $ (17,537,408) 35 Year Ended December 31, 2016 2015 Statutory Federal tax rate $ (6,822,743) $ (6,898,830) Valuation allowance 3,133,196 7,089,311 State income taxes, net of Federal benefit (721,362) (1,104,199) Purchase accounting valuation reversal - (17,537,408) Change in state income tax rate 267,836 (1,277,303) Change in Warrant Derivative Liability (277,381) (109,633) Other deferred tax adjustment - 581,444 Stock compensation adjustment and other reconciling items 2,470,052 - Acquisition expenses - 527,646 Non-cash interest 1,915,018 1,096,446 Other (1,038) 1,762 Nondeductible meals, entertainment and other expense 86,784 93,356 $ 50,362 $ (17,537,408) At December 31, 2016 2015 Deferred tax assets: Accrued liability for vacation $ 132,646 $ 139,162 Accrued commissions and bonus / compensation 43,538 1,369,265 Accrued contingencies 135,452 142,107 Bad debt reserve 639,868 1,047,382 Charitable contributions carryforward 10,673 38,283 Inventory reserve 1,760,691 1,461,566 Net operating loss carryovers 27,863,368 22,698,555 Stock warrants 132,543 139,056 Stock option compensation 899,990 2,058,631 Debt discount and waiver amortization - 1,577,347 Other 57,435 47,593 Total deferred tax assets 31,676,204 30,718,947 Valuation allowance (16,198,372) (13,065,176) Total net deferred tax assets 15,477,832 17,653,771 Deferred tax liabilities: Depreciation (2,046,350) (1,566,381) Amortization (13,431,482) (16,087,390) Total deferred tax liabilities (15,477,832) (17,653,771) Net deferred tax assets $ - $ - The ultimate realization of deferred tax assets is dependent upon the existence, or generation, of taxable income in the periods when those temporary differences and net operating loss carryovers are deductible. Management considers the scheduled reversal of deferred tax liabilities, taxes paid in carryover years, projected future taxable income, available tax planning strategies, and other factors in making this assessment. Based on available evidence, management does not believe it is more likely than not that all of the deferred tax assets will be realized. Accordingly, the Company has established a valuation allowance equal to the net realizable deferred tax assets. The valuation allowance increased by $ 3,113,196 10,969,836 During 2015, the Company acquired intangible assets of $ 43,193,500 17,537,408 At December 31, 2016 and 2015, the Company had total domestic Federal and state net operating loss carryovers of approximately $ 71,997,000 55,905,000 Federal and State net operating loss carryovers both expire at various dates between 2025 and 2036. Under the Tax Reform Act of 1986, as amended, the amounts of and benefits from net operating loss carryovers and research and development credits may be impaired or limited in certain circumstances. Events which cause limitations in the amount of net operating losses that the Company may utilize in any one year include, but are not limited to, a cumulative ownership change of more than 50%, as defined, over a three year period. The 2013 through 2015 tax years remain open to examination by the Internal Revenue Service and various other state tax agencies. These taxing authorities have the authority to examine those tax years until the applicable statute of limitations expire. The Company did not recognize any interest or penalties related to income taxes for the years ended December 31, 2016 and 2015. At December 31, 2015 the Company early adopted Accounting Standards Update (ASU) No. 2015-17, “Balance Sheet Classification of Deferred Taxes” (Topic 740), which provides for a simplified reporting and balance sheet classification of current and non-current deferred tax assets and liabilities. The adopted ASU requires all deferred tax assets and liabilities, and the related valuation allowance, be presented as non-current on the balance sheet. Accordingly, the 2016 and 2015 deferred tax assets and liabilities have been reclassified to conform to the ASU’s required presentation. |