INCOME TAXES

The components of income tax expense for the three months ended June 30, 2012 are as follows:



$ in thousands	June 30, 2012
Federal income tax expense (benefit):
Current	$	123
Deferred	(69		)
Valuation Allowance	69
	123
State and local income tax expense (benefit):
Current	36
Deferred	(49		)
Valuation Allowance	49
	36

Total income tax expense:	$	159

The following is a reconciliation of the expected Federal income tax rate to the consolidated effective tax rate for the three months ended June 30, 2012:



$ in thousands	June 30, 2012
	Amount			Percent
Statutory Federal income tax	$	(69	)	34.0	%
State and local income taxes, net of Federal tax benefit	(9		)	4.3	%
General business credit	(8		)	4.0	%
Valuation allowance	118			(58.4	)%
Write off of DTA due to Section 382 limitation	—			—	%
Other	127			(62.6	)%
Total income tax expense	$	159		(78.7	)%

On June 29, 2011, the Company raised $55 million of equity. The capital raise triggered a change in control under Section 382 of the Internal Revenue Code. Generally, Section 382 limits the utilization of an entity's net operating loss carry forwards, general business credits, and recognized built-in losses upon a change in ownership. The Company expects to be subject to an annual limitation of approximately $0.9 million. The Company has a net deferred tax asset (“DTA”) of approximately $27.8 million. Based on management's calculations the Section 382 limitation has resulted in a reduction of the deferred tax asset of $6.1 million. A full valuation allowance for the remaining net deferred tax asset of $21.7 million has been recorded.

At June 30, 2012, the Company had net operating loss carryforwards for federal purposes of approximately $15.7 million, for state purposes of approximately $29.1 million and for city purposes of approximately $24.1 million, which are available to offset future federal, state and city income and which expire over varying periods from March 2028 through March 2032.

The Company has no uncertain tax positions. The Company and its subsidiaries are subject to federal, New York State and New York City income taxation. The Company is no longer subject to examination by taxing authorities for years before March 31, 2006. A tax position is recognized as a benefit only if it is “more likely than not” that the tax position would be sustained in a tax examination; with a tax examination being presumed to occur. The amount recognized is the largest amount of tax benefit that is greater than 50% likely of being realized on examination. For tax positions not meeting the “more likely than not” test, no tax benefit is recorded.