| INCOME TAXES |
INCOME TAXES
CCA and its subsidiaries file a consolidated federal income tax return.
The Company previously adopted the provisions of ASC Subtopic 740-10-25, “Uncertain Tax Positions”. Management believes that there were no unrecognized tax benefits, or tax positions that would result in uncertainty regarding the deductions taken, as of November 30, 2015 and November 30, 2014. ASC Subtopic 740-10-25 prescribes a recognition threshold and a measurement attribute for the financial statement recognition and measurement of tax positions taken or expected to be taken in a tax return. For those benefits to be recognized, a tax position must be more-likely-than-not to be sustained upon examination by taxing authorities. There were penalties and related interest of $80 for the fiscal year ended November 30, 2015, and $54 for penalties and interest for the fiscal year to date ended November 30, 2014. Penalties are recorded in selling, general and administrative expenses.
The charitable contributions and net operating loss portion of the deferred tax asset has $9,293,157 that has been reclassified as a long-term asset, based on an estimate of the amount that will be realizable in periods greater than twelve months from November 30, 2015.
At November 30, 2015 and November 30, 2014, respectively, the Company had temporary differences arising from the following:
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November 30, 2015 |
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Classified As |
Type |
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Amount |
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Deferred Tax |
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Short-Term
Asset |
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Long-Term
Asset |
Depreciation |
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$ |
(250,811 |
) |
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$ |
(92,558 |
) |
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$ |
— |
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$ |
(92,558 |
) |
Reserve for bad debts |
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4,911 |
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1,812 |
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|
1,812 |
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— |
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Reserve for returns |
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907,777 |
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335,003 |
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335,003 |
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— |
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Accrued returns |
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407,992 |
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150,564 |
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150,564 |
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— |
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Reserve for obsolete inventory |
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821,259 |
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303,075 |
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303,075 |
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— |
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Vacation accrual |
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35,955 |
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13,269 |
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13,269 |
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— |
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Bonus obligations unpaid |
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24,000 |
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8,857 |
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8,857 |
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— |
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Restructuring costs |
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1,264,218 |
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466,544 |
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466,544 |
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— |
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Charitable contributions |
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734,643 |
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271,109 |
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86,402 |
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184,707 |
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Section 263A costs |
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67,129 |
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24,773 |
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24,773 |
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— |
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Loss carry forward |
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27,022,986 |
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9,972,473 |
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864,023 |
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9,108,450 |
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Net deferred tax asset |
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$ |
11,454,921 |
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$ |
2,254,322 |
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$ |
9,200,599 |
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November 30, 2014 |
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Classified As |
Type |
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Amount |
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Deferred Tax |
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Short-Term
Asset |
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Long-Term
(Liability) |
Depreciation |
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$ |
(1,393,102 |
) |
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$ |
(252,883 |
) |
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$ |
— |
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$ |
(252,883 |
) |
Unrealized (gain) on investments |
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— |
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— |
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— |
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— |
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Reserve for bad debts |
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25,124 |
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9,272 |
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9,272 |
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— |
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Reserve for returns |
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2,942,544 |
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1,085,907 |
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1,085,907 |
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— |
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Reserve for obsolete inventory |
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608,504 |
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224,560 |
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224,560 |
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— |
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Vacation accrual |
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148,751 |
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54,895 |
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54,895 |
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— |
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Charitable contributions |
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1,100,940 |
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406,287 |
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132,853 |
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273,434 |
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Section 263A costs |
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128,079 |
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47,266 |
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47,266 |
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— |
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Loss carry forward |
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22,933,333 |
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8,296,176 |
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1,328,532 |
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6,967,644 |
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Net deferred tax asset |
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$ |
9,871,480 |
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$ |
2,883,285 |
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$ |
6,988,195 |
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The amounts recognized in the deferred tax asset are management's best estimate of the amount more likely than not to be realized and the actual results could differ from those estimates. In determining the amount more likely than not to be realized, management considered available information and determined the negative objective evidence, primarily recent losses offset by positive objective evidence, including the effects of current year restructuring expenses that will not recur, the savings of the related payroll and rent expense resulting from the restructuring and forecasts for future profitability. Future profitability in this competitive industry depends on the successful execution of management's initiatives designed to obtain sales levels and improve operating results. The inability to successfully execute these initiatives could reduce estimates of future profitability, which could affect the Company's ability to realize the deferred tax assets.
Income tax(benefit) expense is made up of the following components:
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November 30, |
Continuing Operations |
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2015 |
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2014 |
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2013 |
Current tax - Federal |
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— |
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— |
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— |
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Current tax - State & Local |
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(2,795 |
) |
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33,664 |
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93,270 |
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Deferred tax (benefit) |
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(1,589,514 |
) |
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(1,740,876 |
) |
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(2,122,811 |
) |
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(1,592,309 |
) |
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(1,707,212 |
) |
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(2,029,541 |
) |
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November 30, |
Discontinued Operations |
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2015 |
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2014 |
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2013 |
Current tax - Federal |
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— |
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— |
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— |
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Current tax - State & Local |
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— |
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— |
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— |
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Deferred tax (benefit) expense |
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6,073 |
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(3,651,431 |
) |
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(1,550,193 |
) |
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6,073 |
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(3,651,431 |
) |
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(1,550,193 |
) |
Prepaid and refundable income taxes are made up of the following components:
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Prepaid and refundable income taxes |
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Federal |
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State &
Local |
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Total |
November 30, 2015 |
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$ |
— |
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$ |
70,056 |
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$ |
70,056 |
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November 30, 2014 |
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$ |
167,075 |
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$ |
286,523 |
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$ |
453,598 |
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A reconciliation of the (benefit from) provision for income taxes computed at the statutory rate to the effective rate for the three years ended November 30, 2015, 2014 and 2013 is as follows:
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2015 |
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2014 |
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2013 |
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Amount |
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Percent of Pretax Income |
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Amount |
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Percent of Pretax Income |
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Amount |
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Percent of Pretax Income |
Continuing Operations |
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(Benefit from) income taxes at federal statutory rate |
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$ |
(1,648,640 |
) |
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34.00 |
% |
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$ |
(1,533,618 |
) |
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34.00 |
% |
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$ |
(1,883,880 |
) |
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34.00 |
% |
Changes in (benefit from) income taxes resulting from: |
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State income taxes, net of federal income tax benefit |
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(140,619 |
) |
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2.90 |
% |
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(130,809 |
) |
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2.90 |
% |
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(688,724 |
) |
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12.43 |
% |
Non-deductible expenses and other adjustments |
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196,950 |
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(4.06 |
)% |
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(42,785 |
) |
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0.95 |
% |
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543,063 |
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(9.80 |
)% |
(Benefit from) income taxes at effective rate |
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$ |
(1,592,309 |
) |
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32.84 |
% |
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$ |
(1,707,212 |
) |
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37.85 |
% |
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$ |
(2,029,541 |
) |
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36.63 |
% |
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Discontinued Operations |
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Provision for (benefit from) income taxes at federal statutory rate |
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$ |
6,288 |
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34.00 |
% |
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$ |
(3,280,140 |
) |
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34.00 |
% |
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$ |
(1,438,934 |
) |
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34.00 |
% |
Changes in provision for (benefit from) income taxes resulting from: |
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State income taxes, net of federal income tax benefit |
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536 |
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2.90 |
% |
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(279,777 |
) |
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2.90 |
% |
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$ |
(526,057 |
) |
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12.43 |
% |
Non-deductible expenses and other adjustments |
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(751 |
) |
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(4.06 |
)% |
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(91,514 |
) |
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0.95 |
% |
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414,798 |
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(9.80 |
)% |
Provision for (benefit from) income taxes at effective rate |
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$ |
6,073 |
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32.84 |
% |
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$ |
(3,651,431 |
) |
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37.85 |
% |
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$ |
(1,550,193 |
) |
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36.63 |
% |
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