Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Note 9. Income Taxes

Our tax provision is determined using an estimate of our annual effective tax rate adjusted for discrete items, if any, that are taken into account in the relevant period. The 2016 and 2015 annual effective tax rate is estimated to be a combined 38% for the U.S. federal and state statutory tax rates. We review tax uncertainties in light of changing facts and circumstances and adjust them accordingly. As of December 31, 2016 and 2015, there were no tax contingencies or unrecognized tax positions recorded.


Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities recognized for financial reporting, and the amounts recognized for income tax purposes. The significant components of deferred tax assets (at a 38% effective tax rate) as of December 31, 2016 and 2016, respectively, are as follows:


Deferred Tax Assets ($ in millions)


    Total     Total     Deferred Tax Asset  
    2016     2015     2016     2015  
Capitalized start-up costs   $ 3.0     $ 3.6     $ 1.1     $ 1.4  
Abandonment loss     0.2       0.4       0.1       0.2  
Stock-based compensation - net     8.9       15.6       3.4       5.9  
Accruals     0.5       0.5       0.2       0.2  
Net operating loss carry-forward     56.0       49.9       21.3       18.8  
Less: valuation allowance     (68.6 )     (69.5 )     (26.1 )     (26.5 )
Total   $ -     $ -     $ -     $ -  


We have a net operating loss carry-forward for federal and state tax purposes of approximately $56.0 million at December 31, 2016, that is potentially available to offset future taxable income, which will begin to expire in the year 2021. For financial reporting purposes, no deferred tax asset was recognized because at December 31, 2016 and 2015, management estimates that it is more likely than not that substantially all of the net operating losses will expire unused. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences are deductible. The timing and manner in which we can utilize our net operating loss carryforward and future income tax deductions in any year may be limited by provisions of the Internal Revenue Code regarding the change in ownership of corporations. Such limitation may have an impact on the ultimate realization of our carryforwards and future tax deductions. Section 382 of the Internal Revenue Code (“Section 382”) imposes limitations on a corporation’s ability to utilize net operating losses if it experiences an “ownership change.” In general terms, an ownership change may result from transactions increasing the ownership of certain stockholders in the stock of a corporation by more than 50 percentage points over a three-year period. Any unused annual limitation may be carried over to later years, and the amount of the limitation may under certain circumstances be increased by the built-in gains in assets held by us at the time of the change that are recognized in the five-year period after the change. Upon review of the ownership shifts, there has not been an ownership change as defined under Section 382.


As a result, the amount of the deferred tax assets considered realizable was reduced 100% by a valuation allowance. The change in the valuation allowance was approximately $(0.3) million and $1.4 million for the years ended December 31, 2016 and 2015, respectively. The excess tax benefits of approximately $0.2 million associated with stock option exercises are recorded directly to stockholders' equity only when realized. Many of the Company’s operating expenses in its 2007 and 2006 tax years were classified under the Internal Revenue Code as capitalized “Startup Costs”, which did not begin to be deductible for tax purposes until 2008. The Company files a consolidated tax return with its subsidiaries. The Company is no longer subject to U.S. federal, state, or non-U.S. income tax examinations by tax authorities for tax years before 2012, except that earlier years can be examined for the sole purpose of challenging the net operating loss carry-forwards arising in those years.


The reconciliation between income taxes (benefit) at the U.S. and State statutory tax rates and the amount recorded in the accompanying consolidated financial statements is as follows:


    December 31,     December 31,  
($ in millions)   2016     2015  
Tax benefit at U.S. federal and state statutory rates   $ (2.0 )   $ (1.5 )
Warrant revaluation (income)/expense     (0.5 )     (0.8 )
Stock-based compensation     2.8       0.9  
Increase in valuation allowance     (0.3 )     1.4  
Total provision for income tax benefit   $ -     $ -