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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes
7. Income Taxes

Income (loss) before income taxes consists of the following (in thousands):

 

     Year Ended
December 31,
 
     2013     2012  

U.S.

   $ (3,084   $ 1,687   

Foreign

     21        (405
  

 

 

   

 

 

 

Total

   $ (3,063   $ 1,282   
  

 

 

   

 

 

 

Income tax expense consists of the following (in thousands):

 

     Year Ended
December 31,
 
     2013     2012  

Current taxes:

    

Federal

   $ —        $ —     

State and local

     (14     27   

Foreign

     52        72   
  

 

 

   

 

 

 

Current taxes

     38        99   

Deferred taxes:

    

Federal

   $ 2,181      $ 459   

State and local

     —          —     

Foreign

     (25     (192
  

 

 

   

 

 

 

Deferred taxes

     2,156        267   
  

 

 

   

 

 

 

Total

   $ 2,194      $ 366   
  

 

 

   

 

 

 

 

The components of net deferred tax assets consist of the following (in thousands):

 

     December 31,  
     2013     2012  

Net deferred income tax assets:

    

Depreciation and amortization

   $ 775      $ 917   

Accrued expenses and reserves

     2,968        1,771   

Net operating loss carryforwards

     20,652        20,509   

Capital loss carryforwards

     290        290   

Research and development credit carryforwards

     2,673        2,535   

Stock-based compensation

     487        425   
  

 

 

   

 

 

 

Gross deferred tax assets

     27,845        26,447   
  

 

 

   

 

 

 

Less: valuation allowance

     (27,673     (24,102
  

 

 

   

 

 

 

Net deferred tax assets

   $ 172      $ 2,345   
  

 

 

   

 

 

 

Our net deferred tax assets are recorded as follows (in thousands):

 

     December 31,  
     2013     2012  

Net deferred tax assets:

    

Deferred tax assets—current

   $ 12      $ 296   

Deferred tax assets—non-current

     304        2,255   

Deferred tax liability

     (144     (206
  

 

 

   

 

 

 

Net deferred tax assets

   $ 172      $ 2,345   
  

 

 

   

 

 

 

As of December 31, 2013, our deferred tax assets were primarily the result of U.S. NOL and tax credit carryforwards. A valuation allowance of $27.7 million and $24.1 million was recorded against our gross deferred tax asset balance as of December 31, 2013, and December 31, 2012, respectively. For the year ended December 31, 2013, we recorded an increase in valuation allowance of $3.6 million on the basis of management’s reassessment of the amount of its deferred tax assets that are more likely than not to be realized. As of each reporting date, our management considers new evidence, both positive and negative, that could impact management’s view with regard to future realization of deferred tax assets. In the third quarter of 2013, we determined that is was not more likely than not that we would generate sufficient future taxable income to utilize the portion of our net US deferred tax assets, which had been previously recognized, and we increased our valuation allowance in the U.S. by $2.2 million. Deferred tax assets relative to our foreign tax jurisdictions were not affected.

 

The provision for income taxes differs from the amount of expected income tax expense (benefit) determined by applying the applicable U.S. statutory federal income tax rate to pre-tax income (loss), as a result of the following:

 

     Year Ended
December  31,
 
     2013     2012  

Taxes at the U.S. statutory rate

     34.0     34.0

Increase (decrease) resulting from:

    

Tax credits

     4.5        —    

State income tax

     0.6        0.7   

International operations

     10.3        (21.3

Incentive stock options

     (0.6     1.0   

Valuation allowance

     (118.0     (8.3

Expiration of state NOLs

     (6.2     22.1   

Other, net

     3.7        0.4   
  

 

 

   

 

 

 
     (71.7 )%      28.6
  

 

 

   

 

 

 

At December 31, 2013, we had approximately $55.6 million of federal and $9.3 million of state net operating loss carryforwards, which have begun to expire, including $3.3 million of state losses in 2013. Of the federal net operating loss carryforwards, an aggregate of $42.5 million will expire in 2022 and 2023. We also have $2.7 million of tax credit carryforwards, which begin to expire in 2018. Utilization of these carryforwards may be subject to an annual limitation due to Section 382 of the U.S. Internal Revenue Code which restricts the ability of a corporation that undergoes an ownership change to use its carryforwards. Under the applicable tax rules, an ownership change occurs if holders of more than five percent of an issuer’s outstanding common stock, collectively, increase their ownership percentage by more than 50 percentage points over a rolling three-year period. We performed analyses of possible ownership changes, which included consideration of a third party study completed in 2012, and do not believe that an ownership change of more than 50 percentage points has occurred. While the study has not been updated in 2013, we do not believe there have been any further impacts on the results of that analysis in 2013.

We have evaluated all the material income tax positions taken on our income tax filings to various tax authorities, and we determined that we did not have unrealized tax benefits related to uncertain tax positions recorded at December 31, 2013 or 2012.

Because of net operating loss and tax credit carryforwards, substantially all of our tax years remain open and subject to examination.