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Note 10 - Income Taxes
9 Months Ended
Sep. 30, 2020
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
NOTE
10
— INCOME TAXES
 
 
Effective tax rates differ from federal statutory income tax rates primarily due to changes in the Company's valuation allowance, permanent differences and provisions for state and local income taxes. As of
September 30, 2020
, the Company has a full valuation allowance recorded against deferred tax assets. During the
nine
months ended
September 30, 2020
, the Company recorded a provision for income taxes of
$103,
compared to a provision for income taxes of
$62
 during the
nine
months ended
September 30, 2019
 
The Company files income tax returns in U.S. federal and state jurisdictions. As of
September 30, 2020
, open tax years in federal and some state jurisdictions date back to
1996
due to the taxing authorities' ability to adjust operating loss carryforwards. As of
December 31, 2019
, the Company had federal and unapportioned state net operating loss (“NOL”) carryforwards of
$258,834
of which
$227,781
will generally begin to expire in
2026.
The majority of the NOL carryforwards will expire in various years from
2028
through
2037.
NOLs generated after
January 1, 2018
will
not
expire.
 
Since the Company has
no
unrecognized tax benefits, they will
not
have an impact on the condensed consolidated financial statements as a result of the expiration of the applicable statues of limitations within the next
twelve
months. In addition, Section 
382
of the Internal Revenue Code of
1986,
as amended (the “IRC”), generally imposes an annual limitation on the amount of NOL carryforwards and associated built-in losses that
may
be used to offset taxable income when a corporation has undergone certain changes in stock ownership. The Company's ability to utilize NOL carryforwards and built-in losses
may
be limited, under IRC Section
382
or otherwise, by the Company's issuance of common stock or by other changes in stock ownership. Upon completion of the Company's analysis of IRC Section 
382
in
2010,
the Company determined that aggregate changes in stock ownership have triggered an annual limitation on NOL carryforwards and built-in losses available for utilization, thereby currently limiting annual NOL usage to
$14,284
per year. Further limitations
may
occur, depending on additional future changes in stock ownership. To the extent the Company's use of NOL carryforwards and associated built-in losses is significantly limited in the future, the Company's income could be subject to U.S. corporate income tax earlier than it would be if the Company were able to use NOL carryforwards and built-in losses without such limitation, which could result in lower profits and the loss of benefits from these attributes. 
 
In
February 2013,
the Company adopted a Stockholder Rights Plan, which was amended and extended in
February 2016
and again in
February 2019 (
as amended, the “Rights Plan”). The Rights Plan is designed to preserve the Company's substantial tax assets associated with NOL carryforwards under IRC Section
382.
The amendment to the Rights Plan was most recently approved by the Company's stockholders at the Company's
2019
Annual Meeting of Stockholders and has a term of
three
years.
 
The Rights Plan is intended to act as a deterrent to any person or group, together with its affiliates and associates, becoming the beneficial owner of
4.9%
or more of the Company's common stock and thereby triggering a further limitation of the Company's available NOL carryforwards. In connection with the adoption of the Rights Plan, the Board declared a non-taxable dividend of
one
preferred share purchase right (a “Right”) for each outstanding share of the Company's common stock to the Company's stockholders of record as of the close of business on
February 
22,
2013.
Each Right entitles its holder to purchase from the Company
one one
-thousandth of a share of the Company's Series A Junior Participating Preferred Stock at an exercise price of
$4.25
per Right, subject to adjustment. As a result of the Rights Plan, any person or group that acquires beneficial ownership of
4.9%
or more of the Company's common stock without the approval of the Board would be subject to significant dilution in the ownership interest of that person or group. Stockholders who owned
4.9%
or more of the outstanding shares of the Company's common stock as of
February 
12,
2013
will
not
trigger the preferred share purchase rights unless they acquire additional shares after that date. 
 
As of
September 30, 2020
, the Company had
no
unrecognized tax benefits. The Company recognizes interest and penalties related to uncertain tax positions as income tax expense. The Company had
no
accrued interest and penalties as of
September 30, 2020
.