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INCOME TAXES
12 Months Ended
Dec. 31, 2012
Income Tax Disclosure [Abstract]  
INCOME TAXES
5.INCOME TAXES

 

As of December 31, 2012, the Company had a domestic net operating loss carryforward ("NOL"), of approximately $113.5 million, a domestic alternative minimum tax credit carryforward of approximately $215 thousand and domestic research and development tax credit carryforward of approximately $526 thousand for federal tax purposes. The Company's federal NOL is expected to expire as follows if unused: $107.6 million in 2018 through 2022, $5.5 million in 2024 and 2025 and $385 thousand in 2027. The NOL and tax credit carryforwards are subject to alternative minimum tax limitations and to examination by the tax authorities. In addition, the Company had a "change of ownership" as defined under the provisions of Section 382 of the Internal Revenue Code of 1986, as amended (an "Ownership Change"). The Company does not believe this Ownership Change will place a significant restriction on its ability to utilize its NOL in the future. During the year ended December 31, 2012, the Company recorded tax windfall benefits of approximately $178 thousand.

 

The Company is subject to income taxes in the U.S. federal jurisdiction, and various foreign, state and local jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. In the United States, the tax years 2008 – 2010 remain open to examination by the federal Internal Revenue Service and the tax years 2007 – 2010 remain open for various state taxing authorities.

 

The components of income (loss) before income taxes were as follows (in thousands):

 

 

Year Ended December 31,

 

2010

2011

2012

   
Domestic $ (101 ) $ 3,189   $ 1,869  
Foreign   170     177     154  
  $ 69   $ 3,366   $

2,023 

 

 

Temporary differences that give rise to the components of deferred tax assets are as follows (in thousands):

 

 

December 31,

 

2011

2012

Current deferred tax assets:            
  Inventory $ 289   $ 323  
  Accrued compensation   237     251  
  Net operating loss carryforwards – domestic   1,151     45  
  Other   862     1,252  
      2,539     1,871  
  Valuation allowance   (1,369 )   (741 )
    Total current deferred tax assets $ 1,170   $ 1,130  
Noncurrent deferred tax assets:            
  Research and development tax credit $ 553   $ 526  
  Alternative minimum tax credit   228     233  
  Deferred revenue   1,840     1,884  
  Property and equipment   1,932     2,059  
  Net operating loss carryforwards – domestic   52,456     39,541  
      57,009     44,243  
  Valuation allowance   (29,875 )   (17,497 )
    Total noncurrent deferred tax assets $ 27,134   $ 26,746  

 

 

 

The components of the income tax expense (benefit) are as follows (in thousands):

 

 

Year Ended December 31,

 

2010

2011

2012

   
Current income tax expense (benefit):                  
  Federal $ 7   $ 37   $ 41  
  State   16     90     140  
  Foreign   38     38     33  
    Total current expense (benefit)   61     165     214  
Deferred income tax expense (benefit):                  
  Federal   (9 )   977     560  
  State   (1 )   79     46  
  Foreign            
    Total deferred expense (benefit)   (10 )   1,056     606  
    Total income tax expense (benefit) $ 51   $ 1,221   $ 820  
                         

 

The Company's income tax expense (benefit) relating to income (loss) for the periods presented differs from the amounts that would result from applying the federal statutory rate to that income (loss) as follows:

 

 

Year Ended December 31,

 

2010

2011

2012

   
Statutory federal tax rate   34  %   34  %   34  %
State income taxes, net of federal benefit   52  %   3  %   4  %
Other permanent differences   121  %   3  %   6  %
Change in tax rate   40  %   (4 )%   (1 )%
Foreign rate difference   (29 )   (1 )%   (1 )%
Change in valuation allowance   (472 )%   (137 )%   (638 )%
Other   328  %   138  %   637  %
Effective income tax rate   74  %   36  %   41  %