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Income Tax
6 Months Ended
Jun. 30, 2017
Income Tax Disclosure [Abstract]  
Income Tax

7. INCOME TAX

For the three and six months ended June 30, 2017 the Company recognized income tax expense of $0. For the three and six months ended June 30, 2016, the Company recognized income tax expense of $32 and $57, respectively, and the effective tax rate was (35%).

 

The Company has not recorded any accruals related to uncertain tax positions as of June 30, 2017 and 2016. We file U.S. and state income tax returns in jurisdictions with varying statutes of limitations. The 2013 through 2015 tax years remain subject to examination by federal and most state tax authorities.

At June 30, 2017 and December 31, 2016, due to the uncertainties surrounding the realization of the deferred tax assets, the Company recorded a full valuation allowance.

The Company currently has approximately $138 million in federal and state Net Operating Losses ("NOLs"), which based on current statutory tax rates, have potential fair value of approximately $54 million in tax savings. If unused, these NOLs will begin expiring in 2027. Under Code Section 382 (“Section 382”) rules, if a change of ownership is triggered, the Company’s NOL assets and possibly certain other deferred tax assets may be impaired. We estimate that as of June 30, 2017, the cumulative shift in ownership of the Company’s stock would not cause an impairment of our NOL asset. However, if an ownership change were to occur, the Section 382 limitation would not be expected to materially impact the Company’s financial position or results of operations as of June 30, 2017, because of the Company’s full valuation allowance on its net deferred tax assets.