Annual report pursuant to section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes
15. INCOME TAXES:

As of December 31, 2013, the Company reported net operating loss carry forwards for federal and state income tax purposes of $22,505,000 and $34,993 000, respectively, which expire between 2018 and 2033. As of December 31, 2012, the Company reported net operating loss carry forwards for federal and state income tax purposes of $48,751,000 and $32,402,000, respectively, which expire between 2013 and 2032. Utilization of net operating loss carryforwards is dependent on generating future taxable income of the appropriate type and in the appropriate jurisdiction. In addition, as a result of transactions consummated during 2012 and 2013, including the issuance of common and preferred stock by the Company and the acquisition of Seesmart and Relume, substantially all of the Company’s net operating loss carryforwards are subject to limitations imposed by Section 382 of the Internal Revenue Code. The determination of such limitations is complex and requires a significant amount of analysis and review of past transactions, including those related to transactions involving acquired companies and their predecessors. During 2013 the Company performed an evaluation of the Section 382 limitations on the use of net operating loss carryforwards and determined that net operating loss carryforwards of $35,110,980 would not be realized within the carryforward periods and accordingly reduced the related deferred tax assets and valuation allowance. The Company has recognized a full valuation allowance related to its remaining net deferred tax assets, including the remaining net operating loss carryforwards.

 

Components of deferred tax assets (liabilities) are as follows:

 

(in thousands)

   December 31,  
   2013     2012  

Accounts receivable

   $ 58      $ 194   

Inventories

     473        809   

Accrued expenses

     825        281   

Depreciation

     40        (44

Intangible assets

     (5,320     (3,817

Stock options

     1,015        755   

Deferred revenue

     46        (144

Other

     6        2   

Net operating loss carry forwards

     9,316        18,151   
  

 

 

   

 

 

 
     6,459        16,187   

Valuation allowance

     (6,459     (16,187
  

 

 

   

 

 

 
   $ —        $ —     
  

 

 

   

 

 

 

In accordance with FASB ASC 740 “Income Taxes”, valuation allowances are provided against deferred tax assets if, based on the weight of available evidence, it is more likely than not that some or all of the deferred tax assets will not be realized.

The Company has not recorded a provision for income taxes in 2013, 2012 and 2011 as the deferred tax benefits of the net losses were offset by a corresponding increase in the deferred tax valuation allowance. The following is a reconciliation of tax computed at the statutory federal rate to the income tax expense in the statements of operations for the years ended December 31, 2013, 2012 and 2011:

 

     December 31,  

(in thousands)

   2013     2012     2011  
   Amount     %     Amount     %     Amount     %  

Tax benefit at statutory federal rate

   $ (5,719   $ (34.0   $ (2,916     (34.0   $ (1,859     (34.0

Deferred state tax benefit

     (258     (1.5     (618     (7.2     (21     (0.4

Change in valuation allowance

     (10,446     (62.1     2,810        32.8        1,682        30.8   

Goodwill impairment

     —          —          676        7.9        135        2.4   

Adjustment to net operating loss carryforwards

     13,828        82.2        41        0.5        53        1.0   

Non-deductible expenses

     2,595        15.4        7        0.0        10        0.2   
  

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

 

Income tax expense

   $ —        $ —        $ —          —        $ —          —