13. Income Taxes

The components of the provision for income taxes for the Years Ended December 31, 2012 and 2011 are as follows:

At December 31, 2012 and 2011, the Company had temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and their respective income tax bases, as measured by enacted state and federal tax rates, as follows:

The following is a reconciliation of tax computed at the statutory federal rate to the income tax benefit in the statements of operations for the years ended December 31, 2012 and 2011:

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. Based upon the levels of historical taxable income and projections of future taxable income over which the deferred tax assets are deductible, the Company believes that it is more likely than not that it will not be able to realize the benefits of some of these deductible differences.

Accordingly, a valuation allowance of $19,195,192 and $14,315,214 has been provided in the accompanying financial statements as of December 31, 2012 and 2011, respectively. The 2012 net change in valuation allowance related to deferred tax assets was an increase of $4,879,978 primarily relating to net operating loss carryforwards. The 2011 net change in valuation allowance related to deferred tax assets was an increase of $2,545,834 primarily relating to net operating loss carryforwards.

At December 31, 2012, the Company has federal and state tax net operating loss carryforwards of approximately $48,822,000. The federal and state tax loss carryforward will expire through 2033, unless previously utilized. The Company also has federal research and development tax credit carryforwards of approximately $881,000. The federal tax credit carryforward will expire through 2023, unless previously utilized.

Pursuant to Internal Revenue Service Code Sections 382 and 383, use of the Company’s net operating losses and credit carryforwards are limited due to a cumulative change in ownership of more than 50% that occurred in 2009. As a result of the 50% change in ownership, the annual amount of pre-change net operating losses that may be used in periods subsequent to the change in ownership is approximately $172,000. The impact of this limitation is factored into management’s valuation allowance placed against the Company’s deferred tax assets.

For the years ended December 31, 2012 and 2011, the Company incurred $329,676 and $59,967, respectively, of additional unrecognized tax benefits that resulted in a decrease to the deferred tax asset valuation allowance, related to research and development credits. The entire amount of this unrecognized tax benefit, if recognized, would result in an increase to the deferred tax asset valuation allowance, and would not have an impact on the effective tax rate.

The Company files its income tax returns in the U.S. federal jurisdiction and in Florida. With few exceptions, the Company is no longer subject to federal or state income tax examinations by tax authorities for years before 2008.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

Included in the balance at December 31, 2012 and 2011, are $880,638 and $550,962, respectively, of tax positions for which there is uncertainty about the validity of certain credits. The disallowance of the credits would impact the amount of gross deferred tax assets reflected in the accompanying footnotes.

During the years 2012 and 2011 the Company did not recognize any interest and penalties. Due to the potential offset of the Company’s operating loss carryforward for any future activity, the amount attributed to interest and penalties would be immaterial.