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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Tax Disclosure [Abstract]  
Income Taxes

Note 6: Income Taxes

 

The significant components of deferred tax assets as of December 31, 2012 and 2011 are shown below. A valuation allowance has been established to offset the deferred tax assets, as realization of such assets is uncertain.

 

    Year Ended     Year Ended  
    December 31,     December 31,  
    2012     2011  
Deferred tax assets:                
Net operating loss carryforward   $ 13,123,326     $ 12,558,554  
Research and development credits     549,326       567,439  
Stock compensation     864,113       758,751  
Derivatives/Warrants     783,315       -  
Inventory reserve     12,470       12,470  
Fixed assets     51,960       25,345  
Accrued liabilities and other     63,792       46,200  
Total deferred tax assets     15,448,302       13,968,759  
Valuation allowance     (14,779,566 )     (12,999,694 )
Net deferred tax assets     668,736       969,065  
Deferred tax liabilities                
Acquired intangibles     -       -  
Patents     (668,736 )     (969,065 )
Total deferred tax liabilities     (668,736 )     (969,065 )
Net deferred taxes   $ -     $ -  

  

 The following reconciles the tax provision with the expected provision obtained by applying statutory rates to pretax (loss):

 

    Year Ended December 31, 2012     Year Ended December 31, 2011  
    Amount     % of Pretax
Income
    Amount     % of Pretax
Income
 
                         
Income tax at federal statutory rate   $ (3,091,483 )     34.0 %   $ (1,619,000 )     34.0 %
State tax provision, net of federal tax benefit     (530,499 )     5.8 %     (278,000 )     5.8  
Nondeductible differences     1,122,878       -4.5 %     (112,000 )     2.3  
Nonqualified stock option forfeitures     44,490       -0.5 %     381,000       (8.0 )
Tax credits     11,955     -0.1 %     (44,000 )     0.9  
Change in valuation allowance     1,779,872       -27.7 %     1,035,000       (21.7 )
Expiration of net operating losses     650,958       -7.0 %     633,000       (13.3 )
Other     11,829       -0.1 %     4,000       -  
Provision for income taxes   $ -       0.0 %   $ -       0.0 %

  

At December 31, 2012, the Company had federal net operating loss carry-forwards of approximately $32,757,000 that expire from 2013 through 2032. During 2012, the Company had federal net operating losses of approximately $651,000 expire. In addition, the Company had research and development tax credits of approximately $578,000 that expire from 2013 through 2032. As a result of previous stock transactions, the Company's ability to utilize its net operating loss carryforwards to offset future taxable income and utilize future research and development tax credits is subject to certain limitations under Section 382 and Section 383 of the Internal Revenue Code due to changes in equity ownership of the Company.

  

The Company has a history of operating losses and, as of yet, has not had any taxable income. The Company has calculated a deferred tax asset for its tax credits but offsets the tax asset with a valuation allowance. As a result, the Company has not realized or recorded any tax benefit related to its tax credits.