Note 7 – Income Taxes

The Company accounts for income taxes in accordance with ASC 740 which prescribes a recognition threshold and measurement process for financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. ASC 740 also provides guidance on de-recognition, classification, interest and penalties, accounting in interim period, disclosure and transition. There were no unrecognized tax benefits as of December 31, 2012 and 2011.

The Company has identified its federal tax return and its state tax return in Florida as "major" tax jurisdictions, as defined in ASC 740, Income Taxes. Based on the Company's evaluation, it has been concluded that there are no significant uncertain tax positions requiring recognition in the Company's financial statements. The Company's evaluation was performed for tax years ended 2009 through 2012, the only periods subject to examination. The Company believes that its income tax positions and deductions will be sustained upon audit and does not anticipate any adjustments that will result in a material change to its financial position. The Company has elected to classify interest and penalties incurred on income taxes, if any, as income tax expense. No interest or penalties on income taxes have been recorded during the years ended December 31, 2012 and 2011. The Company does not expect its unrecognized tax benefit position to change during the next twelve months. Management is currently unaware of any issues under review that could result in significant payments, accruals or material deviations from its position.

The following table summarizes components of the provision for (benefit from) current and deferred income taxes for the years ended December 31, 2012 and 2011:

	December 31,
	2012			2011
	(in thousands)
Current
Federal	$	(30	)	$	30
State and other		3			15

Total Current		(27	)		45

Deferred
Federal		(125	)		1,564
State and other		(22	)		276

Total Deferred		(147	)		1,840

Provision for (Benefit from) Income Taxes	$	(174	)	$	1,885

The following table summarizes the significant differences between the U.S. Federal statutory tax rate and the Company's effective tax rate for financial statement purposes for the years ended December 31, 2012 and 2011:

	December 31,
	2012			2011

U.S. Federal Statutory Tax Rate		34.0	%		34.0	%
Permanent items		9.0	%		(3.0	)%
State taxes		3.0	%		2.0	%
Change in effective tax rate		0.0	%		(29.0	)%
Other		(2.0	)%		3.0	%
Decrease in valuation allowance		(104.0	)%		(251.0	)%

Totals		(60.0	)%		(244.0	)%

The tax effects of temporary differences that give rise to deferred tax assets and liabilities as of December 31, 2012 and 2011 are summarized as follows:

	December 31,
	2012			2011
	(in thousands)
Deferred Tax Assets
Net operating loss carryforwards	$	9,816		$	13,521
Tax credit carryforwards		347			394
Fixed and intangible assets		30			22
Deferred revenue		1			--
Value of stock options and stock compensation		298			236
Deferred rent		8			--
Capital loss carryforward		517			517
Accruals		114			164
		11,131			14,854
Valuation Allowance		(9,957	)		(13,827	)

Deferred Tax Assets, Net	$	1,174		$	1,027

The change in the valuation allowance for deferred tax assets for the years ended December 31, 2012 and 2011 are summarized as follows:

	December 31,
	2012			2011

Beginning Balance	$	13,827		$	16,758
Change in Allowance		(3,870	)		(2,931	)

Ending Balance	$	9,957		$	13,827

At December 31, 2012, the Company has federal and state net operating loss carryforwards ("NOLs") remaining of approximately $27 million and $20 million, respectively, which may be available to reduce taxable income, if any. Approximately $9.1 million and $18.0 million of Federal NOLs expired in 2012 and 2011, respectively. The federal and state net operating loss carryforwards expire in 2019 through 2031. However, Internal Revenue Code Section 382 rules limit the utilization of NOLs upon a change in control of a company. During 2012, the Company performed an evaluation as to whether a change in control had taken place. Management believes that there has been no change in control as such applies to Section 382. However, if it is determined that a change in control has taken place, either historically or in the future, utilization of its NOLs could be subject to severe limitations, which could have the effect of eliminating substantially all of the future income tax benefits of the NOLs. The NOL carryforward as of December 31, 2012 included approximately $1,194,000 related to windfall tax benefits for which a benefit would be recorded in additional paid-in capital if and when realized.

During 2012, the Company reviewed previous positive and negative evidence and also reviewed its expected taxable income for future periods and concluded it is more likely than not that approximately $1,174,000 of tax benefits relating to NOLs will be utilized. Accordingly, the company recorded a tax benefit in the amount of $174,000 during the year ended December 31, 2012.