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INCOME TAXES
9 Months Ended
Sep. 30, 2017
INCOME TAXES  
INCOME TAXES

NOTE 10.  INCOME TAXES

 

As of September 30, 2017, our net deferred tax assets are fully offset by a valuation allowance.  The valuation allowance is determined in accordance with the provisions of ASC 740, Income taxes, which require an assessment of both negative and positive evidence when measuring the need for a valuation allowance.  Based on the weight of available evidence, we provided a full valuation allowance against our net deferred assets in December of 2016.  We reassess the need for a valuation allowance on a quarterly basis.  If it is determined that a portion or all of the valuation allowance is not required, it will generally be a benefit to the income tax provision in the period such determination is made.

 

For the three and nine months ended September 30, 2017, the difference between the recorded benefit for income taxes and the tax benefit based on the federal statutory rate of 35%, was primarily attributable to the impact of the valuation allowance. For the three and nine months ended September 30, 2016, the difference between the recorded benefit for income taxes and the tax benefit based on the federal statutory rate of 35%, was primarily attributable to the impact of net non-deductible expenses and minor discrete adjustments. 

 

Tax years 2013-2017 remain open to examination by the Internal Revenue Service and tax years 2007-2017 remain open in certain state taxing jurisdictions in which the Company operates.  The Company’s net operating losses and credits from earlier tax years may remain open to adjustment by taxing authorities until the statute of limitation tolls on the year all carryovers are utilized in full.  Interest and penalties, if any, related to unrecognized tax benefits, would be recognized as income tax expense by the Company. The Company has approximately $0.9 million of accrued interest and penalties associated with unrecognized tax benefits.