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Note 13 - Income Taxes
9 Months Ended
Sep. 30, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

13.     Income Taxes


As of December 31, 2012, the Company had federal net operating loss carryforwards of $23.9 million. If not utilized to offset future taxable income, $4.8 million of the net operating loss carryforwards will expire in 2030, $8.8 million will expire in 2031 and $10.3 million will expire in 2032. For the nine months ended September 30, 2013, the Company utilized all $4.8 million of the federal net operating loss carryforwards expiring in 2030 and $3.5 million of federal net operating loss carryforwards expiring in 2031 to offset federal taxable income generated during the period.


As of September 30, 2013, net deferred tax assets, without regard to any valuation allowance, of $23.2 million were recorded in the Company’s Consolidated Balance Sheet, a portion of which includes the after-tax impact of net operating loss carryforwards. Of this amount, $1.0 million was offset by a valuation allowance. As a result of sustained trends in quarterly profitability that began in the third quarter 2012, projected reversals of existing taxable temporary differences during applicable future periods, and projections of future taxable income exclusive of reversing temporary differences and carryforwards, the Company recorded an income tax benefit of $21.0 million related to the reversal of $21.0 million of its valuation allowance on net deferred tax assets that existed at June 30, 2013. The Company also eliminated $8.5 million of deferred tax assets and the related valuation allowance during the three months ended September 30, 2013 as we concluded it was probable that these assets are expected to expire without being utilized as a result of limitations on deductibility of net operating losses and realized built-in losses as described below. The remaining valuation allowance of $1.0 million is expected to be reversed through a reduction in the provision for income taxes during the three months ended December 31, 2013 in accordance with intra-period tax allocation rules under GAAP.


We consummated a private placement on October 7, 2010 and subsequent follow-on offering in January 2011 through which we received $113.9 million of gross proceeds from the sale of common stock (the “Private Placement”). The Private Placement was considered a change in control under the Internal Revenue Code and Regulations. Accordingly, the Company was required to evaluate potential limitation or deferral of our ability to carryforward pre-acquisition net operating losses and to determine the amount of net unrealized pre-acquisition built-in losses which are subject to similar limitation or deferral. Under the Internal Revenue Code and Regulations, net unrealized pre-acquisition built-in losses realized within five years of the change in control on October 7, 2010 are subject to potential limitation. Through that date, the Company will continue to analyze its ability to utilize such losses to offset anticipated future taxable income as pre-acquisition built-in losses that are ultimately realized. As of September 30, 2013, the Company estimates that future utilization of built-in losses of $53 million generated prior to the Private Placement will be limited to $1.1 million per year. At September 30, 2013, the Company further determined that it was probable that $8.5 million of deferred tax assets related to built-in losses will not ultimately be realized and, accordingly, wrote-off both the deferred tax asset and related valuation allowance associated with these built-in losses. The write-off of the deferred tax assets associated with these built-in losses did not affect net income for the third quarter 2013 because the related valuation allowance was established in prior periods. However, this estimate will not be conclusively confirmed until the five-year limitation period expires in October 2015.


The net benefit for income taxes for the three and nine months ended September 30, 2013 included provisions of $1.2 million and $987 thousand for state income tax, respectively. In addition, the net benefit for income taxes includes $21.0 million of benefit for income taxes for both the three and nine months ended September 30, 2013 related to the reversal of the valuation allowance on the net deferred tax asset that existed as of June 30, 2013.