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Note 8 - Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

8. INCOME TAXES


A reconciliation of the Company’s statutory tax rate to the effective rate for the years ended December 31, 2013, 2012 and 2011 is as follows:


   

2013

   

2012

   

2011

 
                         

Federal statutory rate

    34.0

%

    34.0

%

    34.0

%

State taxes, net of federal tax benefit

    5.9       5.9       4.6  

Recapture of alternative minimum tax

 

   

   

 

Valuation allowance

    (39.9

)

    (39.9

)

    (38.6

)

                         

Effective tax rate

   

%

   

%

   

%


The components of the Company’s deferred tax asset as of December 31, 2013 and 2012 are as follows:


   

December 31,

 

In thousands

 

2013

   

2012

 
                 

Net operating loss carry forwards

  $ 53,423     $ 49,274  

Compensation expense related to employee stock options

    3,310       2,817  

Subtotal

    56,733       52,091  

Valuation allowance

    (56,733

)

    (52,091

)

Total deferred tax asset

  $ -     $ -  

The evaluation of the realizability of such deferred tax assets in future periods is made based upon a variety of factors that affect the Company’s ability to generate future taxable income, such as intent and ability to sell assets and historical and projected operating performance. At this time, the Company has established a valuation reserve for all of its deferred tax assets. Such tax assets are available to be recognized and benefit future periods.


Following is a schedule of net operating loss carry forwards and their year of expiration:


 

Approximate Amount

Of Unused Operating

Loss Carry Forwards

(in $000s)

   

Expiration

During Year

Ended

 
  $ 4,843       2022  
    2,293       2023  
    15,647       2024  
    8,168       2025  
    7,361       2026  
    11,905       2028  
    18,547       2029  
    18,145       2030  
    21,386       2031  
    20,558       2032  
    10,397       2033  
  $ 139,250          

During 2013, 2012 and 2011 the Company performed analyses to determine if there were changes in ownership, as defined by Section 382 of the Internal Revenue Code that would limit its ability to utilize certain net operating loss and tax credit carry forwards. The Company determined that it experienced an ownership change, as defined by Section 382, in connection with certain common stock offerings on July 25, 2011, February 5, 2013 and on June 3, 2013. As a result, the utilization of the Company's federal tax net operating loss carry forwards generated prior to the ownership changes are limited. As of December 31, 2013, the Company has net operating loss carry forwards for U.S. federal and state tax purposes of approximately $139 million, before excluding net operating losses that have been limited as a result of Section 382 limitations. The annual limitation due to Section 382 for net operating loss carry forward utilization is approximately $4.9 million per year for approximately $90 million in net operating loss carry forwards existing at the ownership change occurring on July 25, 2011, approximately $1.4 million per year for approximately $34 million of additional net operating losses occurring from July 2011 to the ownership change that occurred on February 5, 2013 and approximately $1.5 million per year for approximately $34 million of additional net operating losses occurring from February 5, 2013 to the ownership change that occurred on June 3, 2013. The utilization of these net operating loss carry forwards may be further limited if the Company experiences future ownership changes as defined in Section 382 of the Internal Revenue Code.