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Income Taxes
6 Months Ended
Jun. 30, 2013
Income Taxes  
Income Taxes

13. Income Taxes

 

We account for income taxes under ASC Topic 740, Income Taxes (“ASC 740”). ASC 740 requires an asset and liability approach for measuring deferred taxes based on temporary differences between the financial statement and tax bases of assets and liabilities existing at each balance sheet date using enacted tax rates for years in which taxes are expected to be paid or recovered.

 

In accordance with ASC 740, we evaluate our net deferred tax assets, including the benefit from net operating losses and certain tax credit carry forwards, to determine if a valuation allowance is required. We are required to establish a valuation allowance for any portion of the deferred tax asset we conclude is “more likely than not” to be unrealizable. Our assessment considers, among other things the nature, frequency and severity of our cumulative losses, forecasts of our future taxable income, the duration of statutory carry forward periods, our utilization experience with operating loss and tax credit carry forwards, and tax planning alternatives. Based on our assessment, we have recorded a full valuation allowance against all of our net deferred tax assets as of June 30, 2013. We utilized a portion of this deferred tax asset valuation allowance to fully offset the income tax provision related to our income from continuing operations of $9.5 million for the six months ended June 30, 2013. If we continue to generate taxable income in the future, subject to the limitations discussed below, we expect to be able to reduce our effective tax rate through a reduction in our valuation allowance.

 

In conjunction with our Reorganization, we underwent an ownership change as of December 31, 2008, and again upon emergence from bankruptcy on September 3, 2009. Internal Revenue Code Section 382 (“Section 382”) imposes an annual limitation on the use of operating losses and certain tax credit carry forwards existing at the effective date of the Reorganization. Section 382 also limits the recognition of built-in losses in existence as of the date of the ownership change to the extent the company is in an overall net unrealized built-in-loss position as of that date. Under Section 382, we were subject to approximately an $85,000 annual limitation as of December 31, 2008 and a $10.5 million annual limitation as of September 3, 2009 and we also are in a net unrealized built-in loss position as of both of these ownership change dates. As such, any built-in losses recognized in the five-year period following these ownership change dates are significantly limited.