4. Income Taxes

Income (loss) before provision for income taxes was generated from the following sources (in thousands):


		Year Ended December 31,
		2013			2012			2011
Domestic	$	(27,968	)	$	(25,269	)	$	(165,555	)
Foreign		168			(428)			20

Total income (loss) before provision for income taxes	$	(27,800	)	$	(25,697	)	$	(165,535	)

A summary of the income tax expense is as follows (in thousands):


		Year Ended December 31,
		2013			2012			2011
Current:
Federal	$	-		$	50		$	(6,844	)
State		(19	)		(440	)		190
Foreign		172			156			311

Total current		153			(234	)		(6,343	)

Deferred:
Federal		-			-			(873	)
State		-			-			1,713
Tax deficiencies related to restricted stock expense		-			-			(426	)

Total deferred		-			-			414

Total provision	$	153		$	(234	)	$	(5,929	)

A reconciliation of the provision for income taxes to the amount of income tax expense that would result from applying the federal statutory rate to the profit before income taxes is as follows:


	Year Ended December 31,
	2013		2012		2011
Federal statutory rate	35	%	35	%	35	%
State tax, net of federal benefit	4		3		4
Equity compensation	(3	)	(2	)	-
R&D tax credit	-		-		-
Goodwill impairment	-		-		(5	)
Other	2		(4	)	-
Change in valuation allowance	(39	)	(31	)	(30	)

	(1	)%	1	%	4	%

The major components of the Company’s deferred tax assets and liabilities are as follows (in thousands):


		Year Ended December 31,
	2013			2012
Current
Various reserves	$	162		$	199
Nondeductible accruals		1,879			1,352
Prepaid expenses		(101	)		(95	)
Other		22			43
Valuation allowance		(1,810	)		(1,410	)

Total Current	$	152		$	89

Non-current
Credit carryforwards		3,708			3,708
Net operating loss carryforwards		38,204			23,808
Nondeductible accruals		606			-
Fixed assets		1,498			1,299
Amortization		28,537			31,483
Identifiable intangibles acquired		(2,250	)		(2,239	)
Equity based compensation		301			934
Other		14			24
Valuation allowance		(70,772	)		(59,108	)

Total Non-current	$	(154	)	$	(91	)

The Company has federal and state net operating loss carryforwards of approximately $84.4 million and $150.0 million, respectively, at December 31, 2013, to reduce future cash payments for income taxes. Of the $84.4 million of NOL carryforwards at December 31, 2013, $0.5 million relates to the excess tax benefits from employee restricted stock. Equity will be increased by $0.5 million if and when such excess tax benefits are ultimately realized. These federal net operating loss carryforwards will expire from 2024 through 2033 and state net operating loss carryforwards will expire 2014 through 2033. The Company also had $0.5 million of AMT credit carryforwards with an indefinite life, available to offset regular federal income tax requirements.

The Company has federal and state tax credit carryforwards of approximately $3.4 million and $0.7 million, respectively, at December 31, 2013. These tax credits will begin to expire in 2027.

To the extent that an ownership change has occurred under Internal Revenue Code Sections 382 and 383, the Company’s use of its loss carryforwards and credit carryforwards to offset future taxable income may be limited.

The Company’s gross unrecognized tax benefits as of December 31, 2013 and 2012 and the changes in those balances are as follows (in thousands):


		Year Ended December 31,
		2013		2012

Beginning Balance	$	592	$	324
Increases for tax positions for current year		-		-
Increases/(Decreases) in tax positions for the prior year		-		268
Lapse in statute of limitations		-		-
Settlements		-		-
Other		-		-
Change in valuation allowance		-		-

Gross Unrecognized tax benefits, ending balance	$	592	$	592

We account for income taxes as required by FASB ASC Topic No. 740, Income Taxes. This Topic clarifies the accounting for uncertainty in income taxes recognized in an enterprise’s financial statements and prescribes a recognition threshold and measurement process for financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. The Topic also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure and transition. The Topic requires an entity to recognize the financial statement impact of a tax position when it is more likely than not that the position will be sustained upon examination. The amount recognized is measured as the largest amount of benefit that is greater than fifty percent likely of being realized upon ultimate settlement. In addition, the Topic permits an entity to recognize interest and penalties related to tax uncertainties either as income tax expense or operating expenses. The Company has chosen to recognize interest and penalties related to tax uncertainties as operating expense.

The Company assesses whether a valuation allowance should be recorded against its deferred tax assets based on the consideration of all available evidence, using a “more likely than not” realization standard. The four sources of taxable income that must be considered in determining whether deferred tax assets will be realized are: (1) future reversals of existing taxable temporary differences (i.e., offset of gross deferred tax assets against gross deferred tax liabilities); (2) taxable income in prior carryback years, if carryback is permitted under the applicable tax law; (3) tax planning strategies and (4) future taxable income exclusive of reversing temporary differences and carryforwards.

In assessing whether a valuation allowance is required, significant weight is to be given to evidence that can be objectively verified. A significant factor in the Company’s assessment is that the Company has been in a three-year historical cumulative loss as of the end of fiscal 2012. In addition, the Company is also in a loss for the year ending December 31, 2013. These facts, combined with uncertain near-term market and economic conditions, reduced the Company’s ability to rely on projections of future taxable income in assessing the realizability of its deferred tax assets.

After a review of the four sources of taxable income as of December 31, 2013 (as described above), and after consideration of the Company’s continuing cumulative loss position as of December 31, 2013, the Company recorded a valuation allowance related to its U.S.-based deferred tax amounts, with a corresponding charge to income tax expense, of $53.2 million during the year ended December 31, 2011.

We recognized interest and penalties accrued related to unrecognized tax benefits in tax expense. During the fiscal years 2013 and 2012, we recognized approximately $3,000 and $38,000, respectively, in interest and penalties. The cumulative interest and penalties at December 31, 2013 and 2012 were $41,000 and $38,000, respectively.

Unrecognized tax benefits of $0.2 million at September 30, 2013 would impact the effective tax rate, if recognized after the valuation allowance has been released.

The Company is subject to U.S. federal income tax as well as to income tax of multiple state jurisdictions. Federal income tax returns of the Company are subject to IRS examination for the 2012 tax year. State income tax returns are subject to examination for a period of three to four years after filing. At December 31, 2013, the Company was under audit by the IRS for the tax year 2011 related to the loss carryback claim from 2011 to 2009 and 2010. This audit has subsequently been completed and there were no adjustments required. The outcome of tax audits cannot be predicted with certainty. If any issues addressed in the Company’s tax audits are resolved in a manner not consistent with management’s expectations, the Company could be required to adjust its provision for income tax in the period such resolution occurs. As of December 31, 2013, a current estimate of the range of changes that may occur within the next twelve months cannot be made due to the uncertainty regarding the timing of these events.