7.         INCOME TAXES   

Income tax provision (benefit) consists of the following:

The tax effects of temporary differences that give rise to significant portions of the deferred tax asset, net, at October 31, 2017 and 2016, are as follows:

As of October 31, 2017, we had tax net operating loss and tax credit carryforwards of approximately $83,579,000 and $1,257,000, respectively, available within statutory limits (expiring at various dates between 2018 and 2037), to offset any future regular Federal corporate taxable income and taxes payable.  If the tax benefits relating to deductions of option holders’ income are ultimately realized, those benefits will be credited directly to additional paid-in capital.  Certain changes in stock ownership can result in a limitation on the amount of net operating loss and tax credit carryovers that can be utilized each year. As of October 31, 2017, management has not determined the extent of any such limitations, if any.

As a result of the change in future Federal statutory tax rates due to the passing of the Tax Cuts and Jobs Act of 2017, management has determined that the deferred tax assets and liabilities should no longer be valued at a federal statutory rate of 34% but rather at the rate in which the benefit of the deferred tax asset or liability will be realized by the Company. As such, the Federal statutory rate used to value the Company's deferred tax assets and liabilities is 21%.

We had New York and California tax net operating loss carryforwards of approximately $72,483,000 and  $9,656,000, respectively, as of October 31, 2017, available within statutory limits (expiring at various dates between 2018 and 2037), to offset future corporate taxable income and taxes payable, if any, under certain computations of such taxes.

We have provided a valuation allowance against our deferred tax asset due to our current and historical pre-tax losses and the uncertainty regarding their realizability.  The primary differences from the Federal statutory rate of 34% and the effective rate of 0% is attributable to certain permanent differences and a change in the valuation allowance.  The following is a reconciliation of income taxes at the Federal statutory tax rate to income tax expense (benefit):

During the two fiscal years ended October 31, 2017, we incurred no Federal and no State income taxes.  We have no unrecognized tax benefits as of October 31, 2017 and 2016 and we account for interest and penalties related to income tax matters in marketing, general and administrative expenses.  Tax years to which our net operating losses relate remain open to examination by Federal authorities and other jurisdictions to the extent which the net operating losses have yet to be utilized.