Quarterly report pursuant to Section 13 or 15(d)


9 Months Ended
Sep. 30, 2015
INCOME TAXES [Abstract]  

The Company utilizes the asset and liability approach to measuring deferred tax assets and liabilities based on temporary differences existing at each balance sheet date using currently enacted tax rates.  A valuation allowance for the Company’s deferred tax assets is established if, in management’s opinion, it is more likely than not that a valuation allowance is needed, looking at both positive and negative factors.  At September 30, 2015, a valuation allowance of $170.0 million had been provided for our net deferred tax assets based on the uncertainty regarding whether these assets may be realized.  Deferred tax assets and liabilities are adjusted for the effects of changes in tax laws and rates on the date of enactment.

The income tax provision (benefit) for the three and nine months ended September 30, 2015 and 2014 consists of the following:

Three Months Ended
September 30,
Nine Months Ended
September 30,
Current Income Taxes (Benefit)
  $ (77,544 )   $ -     $ (73,599 )   $ -  
Deferred Income Taxes (Benefit)
    (116,171,555 )     32,562,000       (360,106,555 )     33,797,000  
    (3,964,000 )     2,488,000       (12,287,000 )     2,603,000  
Valuation Allowance
    120,135,555       -       170,043,000       -  
Total Provision (Benefit)
  $ (77,544 )   $ 35,050,000     $ (202,424,154 )   $ 36,400,000  
Income tax provision (benefit) during interim periods is based on applying an estimated annual effective income tax rate to year-to-date income (loss), plus any unusual or infrequently occurring items that are recorded in the interim period.  The provision for the three- and nine-month periods ended September 30, 2015, presented above, differ from the amount that would be provided by applying the statutory U.S. federal income tax rate of 35% to income before income taxes.  The lower effective tax rate in 2015 relates to the valuation allowance placed on the net deferred tax asset in 2015, in addition to state income taxes and estimated permanent differences.  The higher effective tax rate in 2014 relates to the addition of state income taxes and estimated permanent differences.

Tax benefits are recognized only for tax positions that are more likely than not to be sustained upon examination by tax authorities.  The amount recognized is measured as the largest amount of benefit that is greater than 50 percent likely to be realized upon ultimate settlement.  Unrecognized tax benefits are tax benefits claimed in the Company’s tax returns that do not meet these recognition and measurement standards.

The Company has no liabilities for unrecognized tax benefits.

The Company’s policy is to recognize potential interest and penalties accrued related to unrecognized tax benefits within income tax expense.  For the three and nine months ended September 30, 2015 and 2014, the Company did not recognize any interest or penalties in its condensed statements of operations, nor did it have any interest or penalties accrued in its condensed balance sheet at September 30, 2015 and December 31, 2014 relating to unrecognized benefits.

The tax years 2014, 2013, 2012 and 2011 remain open to examination for federal income tax purposes and by the other major taxing jurisdictions to which the Company is subject.