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INCOME TAXES
12 Months Ended
Dec. 31, 2013
INCOME TAXES  
INCOME TAXES

13. INCOME TAXES

        A reconciliation of income tax expense at the statutory rate to income tax expense at our effective tax rate is as follows:

 
  2013   2012   2011  

Tax Expense Computed at 34% of Pretax Income

  $ (16,583,000 ) $ (18,367,000 ) $ (7,291,000 )

State Income Taxes

            2,005  

Effect of Change in Valuation Allowance

    (16,583,000 )   (18,367,000 )   (7,291,000 )
               

Total Income Tax Expense

  $ -0-   $ -0-   $ 2,005  
               
               

        The details of the net deferred tax asset are as follows:

 
  December 31,  
 
  2013   2012  

Deferred tax assets:

             

Net Operating Loss Carryforward

  $ 49,426,000   $ 33,016,000  

Stock Based Compensation

    6,839,000     5,398,000  

Accrued Expenses

    334,000     274,000  

Inventories

    65,000     66,000  

Prepaid Expenses

        51,000  

Workers' Compensation Reserve

    60,000      

Accounts Receivable

    13,000     9,000  
           

Total Deferred Tax Assets

    56,737,000     38,814,000  

Deferred Tax Liabilities:

   
 
   
 
 

Tax over Book Depreciation

    118,000     276,000  

Goodwill & Intangible Assets

    225,000     272,000  

Prepaid Expenses

    122,000      
           

Total Deferred Tax Liabilities

    465,000     548,000  
           

Subtotal

    56,272,000     38,266,000  

Valuation Allowance

   
(56,272,000

)
 
(38,266,000

)
           

Net Deferred Tax Asset

  $ -0-   $ -0-  
           
           

        Deferred tax assets result primarily from net operating loss carryforwards. For tax purposes, we have net operating loss carryforwards of approximately $145,371,000 that expire between 2018 and 2033.

        In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will be realized upon the generation of future taxable income during the periods in which those temporary differences become deductible. We recognized no income tax expense or benefit for the years ended December 31, 2013, 2012 and 2011. While we anticipate generating income within the next year or two, we expect to incur operating losses until our drug products are approved to be marketed and manufactured. Considered together with our limited history of operating income and our net losses in 2013, 2012 and 2011, management has placed a full valuation allowance against the net deferred tax assets as of December 31, 2013 and 2012. The portion of the valuation allowance resulting from excess tax benefits on share based compensation that would be credited directly to contributed capital if recognized in subsequent periods is $3.7 million.

        The Company accounts for its uncertain tax positions in accordance with ASC 740-10, Income Taxes and the amount of unrecognized tax benefits related to tax positions is not significant at December 31, 2013 and 2012.