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Note 3 - Income Taxes
3 Months Ended
Mar. 31, 2020
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
3.
  Income Taxes
 
Deferred tax assets and liabilities are determined based on differences between financial reporting and tax basis of assets and liabilities and are measured using the tax rates and laws expected to be in effect when the differences are expected to reverse.
 
For the
three
months ended
March 31, 2020,
and
2019
, there was
no
income tax benefit due to net operating loss carryforwards ("NOLs") and we recorded a full valuation allowance against our net deferred taxes. 
 
At
December 31, 2019
, we had, subject to the limitation discussed below,
$245.2
 million of pre-
2018
 NOLs and
$64.7
 million of post
2017
 NOL carryforwards for U.S. tax purposes.  Our pre-
2018
 NOLs will expire in varying amounts from
2022
 through
2037,
if
not
utilized; and can offset
100%
of future taxable income. As a result of recent tax legislation, any NOLs arising in
2018,
2019,
and
2020
can generally be carried back
five
years, carried forward indefinitely and can offset
100%
of future taxable income for tax years before
January 1, 2021
and up to
80%
of future taxable income for tax years after
December 31, 2020. 
Any NOLs arising after on or after
January 1, 2021 
can generally be carried forward indefinitely and can offset up to
80%
of future taxable income for regular tax purposes. 
 
The use of our NOLs will be limited if there is an "ownership change" in our common stock, generally a cumulative ownership change exceeding
50%
during a
three
year period, as determined under Section
382
of the Internal Revenue Code. As of
March 31, 2020
, we have 
not
had an ownership change as defined by Section
382.
Given historical losses, uncertainties exist as to the future utilization of the NOL carryforwards. Therefore, we established a valuation allowance of
$76.2
 million for deferred tax assets at 
December 31, 2019
and for
$67.4
million at
March 31, 2020
.
 
As of
March 31, 2020
, we did
not
have any accrued interest or penalties related to uncertain tax positions. The tax years
2013
 
through
2019
 remain open to examination by the tax jurisdictions to which we are subject.
 
The Coronavirus Aid, Relief, and Economic Security Act  ("CARES") that was enacted
March 27, 2020
includes income tax provisions that allow NOL's to be carried back, allows interest expense to be deducted up to a higher percentage of adjusted taxable income, and modifies tax depreciation of qualified improvement property, among other provisions.  These provisions have
no
material impact on the Company.