Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Aug. 31, 2013
Income Tax Disclosure [Abstract]  
INCOME TAXES
NOTE 10 – INCOME TAXES

There is no provision for income taxes, because the Company has incurred operating losses. Deferred income taxes reflect the tax effects of net operating loss carryforwards and temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets as of August 31 are as follows:
 
   
For the Fiscal Years Ended August 31,
 
   
2013
   
2012
 
Deferred tax assets:
           
  Net operating loss carryforwards
  $ 6,080,000     $ 5,948,300  
  Imputed interest on Tap Participation Fee
    10,074,200       8,852,500  
  Deferred revenue
    494,600       560,700  
  Impairment charges
          2,408,800  
  Depreciation and depletion
    4,899,800       2,425,700  
  Other
    43,600       45,000  
  Valuation allowance
    (21,592,200 )     (20,241,000 )
  Net deferred tax asset
  $     $  

The Company has recorded a valuation allowance against the deferred tax assets as the Company is unable to reasonably determine if it is more likely than not that deferred tax assets will ultimately be realized.

Income taxes computed using the federal statutory income tax rate differs from our effective tax rate primarily due to the following for the fiscal years ended August 31:
 
   
For the Fiscal Years Ended August 31,
 
   
2013
   
2012
   
2011
 
Expected benefit from federal taxes at statutory rate of 34%
  $ (1,411,200 )   $ (5,922,300 )   $ (2,045,500 )
State taxes, net of federal benefit
    (137,000 )     (574,800 )     (198,500 )
Expiration of net operating losses
    147,400       90,000       121,000  
Permanent and other differences
    27,400       25,800       37,800  
Change in valuation allowance
    1,373,400       6,381,300       2,085,200  
Total income tax expense / benefit
  $     $     $  
 
At August 31, 2013, the Company has $16.3 million of net operating loss carryforwards available for income tax purposes, which expire between fiscal 2014 and 2028. Utilization of these net operating loss carryforwards may be subject to substantial annual ownership change limitations provided by the Internal Revenue Code. Such an annual limitation could result in the expiration of the net operating loss carryforwards before utilization.
 
Net operating loss carryforwards of $395,200, $241,200 and $324,500 expired during the fiscal years ended August 31, 2013, 2012 and 2011, respectively.