Annual report pursuant to Section 13 and 15(d)


12 Months Ended
Apr. 30, 2018
Income Tax Disclosure [Abstract]  



At April 30, 2018, the Company had federal and state net operating loss carryforwards of approximately $39,446,000 and $39,446,000, respectively, available to offset against future taxable income, which expire in 2019 through 2037.


Current tax laws limit the amount of loss available to be offset against future taxable income when a substantial change in ownership occurs. Therefore, the amount available to offset future taxable income may be limited. Based on the assessment of all available evidence including, but not limited to, the Company’s limited operating history in its core business and lack of profitability, uncertainties of the commercial viability of its technology, the impact of government regulations and healthcare reform initiatives and other risks normally associated with biotechnology companies, the Company has concluded that is more likely than not that these operating loss carryforwards will not be realized. Accordingly, 100% of the deferred tax valuation allowance has been recorded against these assets.


On December 22, 2017, the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cuts and Jobs Act (“Tax Act”). The Tax Act makes broad and complex changes to the U.S. tax code including lowering the U.S. federal tax rate to 21%.

The Commission staff issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provides guidance for the accounting of the effects of the Tax Act. SAB 118 provides a measurement period that should not be extended past a year from the enactment date for companies to complete the accounting of the Tax Act under ASC Topic 740, Income Taxes (“ASC 740”). Companies that do not complete the accounting under ASC 740 for the tax effects of the Tax Act must record a provisional estimate of the tax effects of the Tax Act. If a provisional estimate cannot be determined a company should continue to apply ASC 740 based on the tax laws in effect immediately before the enactment of the Tax Act.


At April 30, 2018, the Company has not completed the accounting for the tax effects of the Tax Act; however, the Company has made a reasonable estimate of the effects on the rate change on its existing deferred tax assets by decreasing its deferred tax assets by approximately $5,605,000. The Company has a full valuation allowance; therefore, the decrease in deferred tax assets did not impact the tax expense in the accompanying consolidated statements of operations.


In order to complete the accounting requirements under ASC 740, the Company needs to (i) evaluate the impact of additional guidance, if any, from the FASB and external providers on its application of ASC 740 to the calculation; (ii) evaluate the impact of further guidance from Treasury and/or the Internal Revenue Service on the technical application of the law with regard to our facts; (iii) evaluate the impact of further guidance from the state tax authorities regarding their conformity to the provisions of the Tax Act; and (iv) complete the analysis of the revaluation of deferred tax assets and liabilities as the Company is still analyzing certain aspects of the Tax Act. The accounting for the tax effects for the Tax Act will be completed in 2018.


Deferred income taxes reflect the net effect of temporary differences between the financial reporting carrying amounts of assets and liabilities and income tax carrying amounts of assets and liabilities. The components of the Company’s deferred tax assets and liabilities are as follows:


  April 30,  
  2018   2017  
Deferred tax assets:              
Net operating loss carryforwards $ 11,038,315     $ 13,679,701  
Stock compensation   2,117,840       2,638,261  
Other   79,446       82,498  
Total deferred tax assets   13,235,601       16,400,460  
Net deferred tax assets   13,235,601       16,400,460  
Valuation allowance   (13,235,601 )     (16,400,460 )
  $     $  


For all years presented, the Company did not recognize any deferred tax assets or liabilities. The net change in valuation allowance for the years ended April 30, 2018 and 2017 were a decrease and increase of $(3,164,859) and $1,701,238, respectively.


During the year ended April 30, 2017, the Company determined that the NOL carryforwards were overstated by approximately $5,000,000. The Company recalculated the 2009 and 2010 income tax losses using the appropriate tax methods, mostly relating to impairment of assets for book purposes that were not fully deductible for income tax purposes. However, since the Company has recorded a valuation allowance against its net deferred tax assets there is no effect on the Company consolidated balance sheets, statements of operations and cash flows for the year ended April 30, 2018.


The provision for income taxes differs from the provision computed by applying the Federal statutory rate to net loss before income taxes as follows:


    Years Ended April 30,
    2018   2017
Federal benefit at statutory rate   $ (2,321,806 )   $ (1,510,853 )
State income taxes, net of Federal taxes     (398,121 )     (259,067 )
Permanent differences     286,005       213,963  
Tax rate change     887,749       —    
Provision related to change in valuation allowance     1,714,305       1,701,238  
Stock compensation     (20,393 )     (20,393 )
Other, net     (147,739 )     (124,888 )
    $ —       $ —    


There have been no changes to the Company’s liability for unrecognized tax benefits during the year ended April 30, 2018.


The Company files income tax return in the U.S. Federal jurisdiction and various state jurisdictions. As of the year ended April 30, 2018, the tax returns for 2012 through 2017 remain open to examination by the Internal Revenue Service and various state tax authorities.


The Company’s policy is to recognize any interest and penalties related to unrecognized tax benefits as a component of income tax expense. As of the years ended April 30, 2018 and 2017, the Company had accrued no interest or penalties related to uncertain tax positions.