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I. RESTATEMENT
3 Months Ended
Dec. 31, 2016
I. Restatement  
I. RESTATEMENT

In October 2008, the Company entered into a lease arrangement whereby the Company leased a building owned by a third party, but to which the owner made tenant-directed improvements. Upon commencement of the lease, the Company accounted for the arrangement as an operating lease under ASC 840, Accounting for Leases, whereby the total minimum lease payment obligations under the leases were recognized as monthly rent expense on a straight-line basis over the term of the lease. The cost of the tenant improvements incurred were capitalized as deferred rent and amortized over the 20-year lease term.

 

However, in November 2017, the Company discovered an error in the way it accounted for the lease for the building since it was determined that, as the terms of the original lease required the Company to be responsible for possible cost overruns, (but of which there were none), the Company was deemed to be the owner of the leased building for accounting purposes only under ASC 840-40-55. In addition to the costs it incurred and capitalized for the tenant improvements, the Company should have reflected an asset on its balance sheet for the costs paid by the lessor to purchase and improve the building, as well as a corresponding liability. Upon completion of the improvements, the Company did not meet the “sale-leaseback” criteria under ASC 840-40-25, Accounting for Leases, Sale-Leaseback Transactions due to the Company’s significant continuing involvement with the facility which is considered to be other than a normal leaseback as defined in ASC 840-40-25 and therefore should have treated the lease as a financing obligation and the asset and corresponding liability should not be derecognized.

 

The corrections to the historical financial statements to apply ASC 840-40-25 do not affect the total cash payments the Company has made or is obligated to make under the lease agreement, nor does it change the total expense to be recognized over the lease term. However, the timing and nature of expense is different under this treatment as compared to operating lease treatment. Specifically, the Company should have recognized depreciation, expense on the building it is deemed to own and interest expense on the associated lease financing obligation, instead of rental expense.

 

The accompanying financial statements for three months ended December 31, 2016 have been restated to reflect the correction of the error for the lease accounting. Accumulated deficit at September 30, 2016, was reduced by $276,855. The following is a summary of the restatements:

 

    December 31, 2016  
Balance Sheet

  PREVIOUSLY REPORTED     ADJUSTMENT     RESTATED  
Total current assets   $ 4,522,290     $ (415,003 )   $ 4,107,287  
Other assets     5,405,599       13,738,445       19,144,044  
Total assets     9,927,889       13,323,442       23,251,331  
Total liabilities     5,494,598       13,062,236       18,556,834  
Stockholders' equity     4,433,291       261,206       4,694,497  

 

    September 30, 2016  
Balance Sheet

  PREVIOUSLY REPORTED     ADJUSTMENT     RESTATED  
Total current assets   $ 5,887,646     $ (429,821 )   $ 5,457,825  
Other assets     5,710,601       13,717,699       19,428,300  
Total assets     11,598,247       13,287,878       24,886,125  
Total liabilities     12,554,315       13,011,023       25,565,338  
Stockholders' deficit     (956,068 )     276,855       (679,213 )

 

    Three Months Ended December 31, 2016  
Statement of Operations

  PREVIOUSLY REPORTED     ADJUSTMENT     RESTATED  
Research and development expenses   $ 4,024,856     $ (476,599 )   $ 3,548,257  
Total operating expenses     5,431,865       (476,599 )     4,955,266  
Operating loss     (5,414,607 )     476,599       (4,938,008 )
Interest income (expense), net     23,097       (492,248 )     (469,151 )
Net income     3,536,802       (15,649 )     3,521,153  
                         
Net income per share - basic   $ 0.59             $ 0.59  
Net income per share - diluted   $ 0.33             $ 0.32  

 

    Three Months Ended December 31, 2015  
Statement of Operation

  PREVIOUSLY REPORTED     ADJUSTMENT     RESTATED  
Research and development expenses   $ 5,169,507     $ (476,599 )   $ 4,692,908  
Total operating expenses     5,804,108       (476,599 )     5,327,509  
Operating loss     (5,783,132 )     476,599       (5,306,533 )
Interest income (expense), net     1,985       (485,678 )     (483,693 )
Net income     2,341,813       (9,079 )     2,332,734  
                         
Net income per share - basic and diluted   $ 0.53             $ 0.53  

 

    Accumulated Deficit  
PREVIOUSLY REPORTED, SEPTEMBER 30, 2016   $ (285,667,977 )
ADJUSTMENT     276,855  
RESTATED BALANCE, SEPTEMBER 30, 2016     (285,391,122 )
         
Net income - RESTATED     3,521,153  
BALANCE, DECEMBER 31, 2016   $ (281,869,969 )