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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

11. Income Taxes

The components of the pretax income (loss) are presented in the following table (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

U.S. Domestic

 

$

(57,141

)

 

$

(30,169

)

Foreign

 

 

(100

)

 

 

(167

)

Pretax loss from operations

 

$

(57,241

)

 

$

(30,336

)

 

The components of the (benefit) provision for income taxes from continuing operations are presented in the following table (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2019

 

 

2018

 

Current income tax (benefit) provision:

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(64

)

State

 

 

207

 

 

 

86

 

Foreign

 

 

 

 

 

4

 

Total current

 

 

207

 

 

 

26

 

Deferred income tax benefit:

 

 

 

 

 

 

 

 

Federal

 

 

(195

)

 

 

(1,140

)

State

 

 

(251

)

 

 

(247

)

Total deferred

 

 

(446

)

 

 

(1,387

)

Total income tax benefit

 

$

(239

)

 

$

(1,361

)

 

The provision for income taxes differs from the amount of income tax determined by applying the applicable U.S. statutory federal income tax rate to pretax income (loss) from continuing operations as a result of the following differences:

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Federal statutory rate

 

 

21.00

%

 

 

21.00

%

Adjustments for tax effects of:

 

 

 

 

 

 

 

 

State taxes, net

 

 

0.12

%

 

 

0.47

%

Stock-based compensation

 

 

0.26

%

 

 

(4.29

)%

R&D credit expiration

 

 

(5.96

)%

 

 

 

Fair market value adjustments

 

 

 

 

 

(0.59

)%

Other permanent adjustments

 

 

(0.42

)%

 

 

(0.56

)%

Foreign partnership liquidation

 

 

19.19

%

 

 

 

Federal uncertain tax positions

 

 

3.25

%

 

 

0.30

%

NOL expiration

 

 

(3.01

)%

 

 

 

Other

 

 

1.16

%

 

 

(1.57

)%

Valuation allowance

 

 

(35.09

)%

 

 

(10.25

)%

Effective income tax rate

 

 

0.50

%

 

 

4.51

%

 

Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2019 and 2018 are as follows (in thousands):

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Accruals and reserves

 

$

2,730

 

 

$

1,133

 

Income tax credit carryforwards

 

 

1,591

 

 

 

3,150

 

Interest

 

 

4,095

 

 

 

1,351

 

Inventory

 

 

8,625

 

 

 

4,959

 

Legal settlement

 

 

3,789

 

 

 

4,693

 

Net operating losses

 

 

53,592

 

 

 

45,092

 

Stock-based compensation

 

 

2,256

 

 

 

1,182

 

Total deferred tax assets

 

 

76,678

 

 

 

61,560

 

Valuation allowance

 

 

(71,159

)

 

 

(46,578

)

Total deferred tax assets, net of valuation allowance

 

 

5,519

 

 

 

14,982

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Property and equipment

 

 

(3,117

)

 

 

(21

)

Goodwill and intangibles

 

 

(2,344

)

 

 

(1,972

)

Investment in foreign partnership

 

 

 

 

 

(13,370

)

Total deferred tax liabilities

 

 

(5,461

)

 

 

(15,363

)

Net deferred tax assets (liabilities)

 

$

58

 

 

$

(381

)

 

The realization of deferred tax assets is dependent on the Company’s ability to generate sufficient taxable income in future years in the associated jurisdiction to which the deferred tax assets relate. As of December 31, 2019, a valuation allowance of $71.2 million has been established against the net deferred tax assets, as the Company has determined that it is currently not more likely than not that these assets will be realized. During the year ended December 31, 2019, the federal and state valuation allowances collectively increased by $20.1 million and $4.5 million, respectively.

 

In determining the need for a valuation allowance, the Company considers all available positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies, and recent financial performance. The Company reached technological feasibility with respect to its in-process research and development efforts in 2019, and as such, valuation allowance was decreased as amortization of intangible asset began. There are no indefinite-lived intangible assets as of December 31, 2019. Based on the review of all positive and negative evidence, including a three-year cumulative pre-tax loss, the Company determined that a full valuation allowance should be recorded against its deferred tax assets, with the exception of the Company’s Texas Temporary Credit for Business Loss Carryforwards. There are no indefinite live assets.   

At December 31, 2019, the Company has unrecognized tax benefits of $2.5 million, which will affect the effective tax rate if recognized when the Company no longer has a valuation allowance offsetting its deferred tax assets.

The following table summarizes the changes to unrecognized tax benefits (in thousands):

 

 

 

Year ended December 31,

 

 

 

2019

 

 

2018

 

Unrecognized tax benefit at the beginning of the year

 

$

4,334

 

 

$

4,440

 

Reductions as a result of lapse of applicable statute

   of limitations

 

 

(1,882

)

 

 

(106

)

Unrecognized tax benefits at the end of the year

 

$

2,452

 

 

$

4,334

 

The Company and its subsidiaries are subject to federal income tax as well as income tax of multiple state and foreign jurisdictions. With few exceptions, the Company is no longer subject to income tax examination by tax authorities in major jurisdictions for years prior to 2015. However, to the extent allowed by law, the taxing authorities may have the right to examine prior periods where net operating losses and tax credits were generated and carried forward and make adjustments up to the amount of the carryforwards. The Company is not currently under examination by the Internal Revenue Service, foreign or state and local tax authorities.

The Company recognizes interest and penalties related to uncertain tax positions as a component of the income tax provision. As of December 31, 2019, there were no accrued interest and penalties.

At December 31, 2019, the Company had federal and state net operating loss carryforwards of $205.2 million and $128.2 million, respectively, expiring at various dates beginning in 2019 through 2039. Net operating losses generated in years ending after December 31, 2017 can be carried forward indefinitely for federal and some states. At December 31, 2019, the Company had state research and development tax credit carryforwards of $3.2 million. The state research and development tax credits do not have an expiration date, and may be carried forward indefinitely. Utilization of the net operating loss and tax credit carryforwards may become subject to annual limitations due to ownership change limitations that could occur in the future as provided by Section 382 and 383 of the Internal Revenue Code of 1986, as amended (the “Internal Revenue Code”), as well as similar state provisions. These ownership changes may limit the amount of the net operating loss and tax credit carryforwards that can be utilized annually to offset future taxable income, if the Company experiences a cumulative change in ownership of more than 50% within a three-year testing period.  The Company completed a formal study through the year ended December 31, 2018 and determined ownership changes within the meaning of IRC Section 382 had occurred. The Company adjusted tax attribute carry forwards and deferred tax assets accordingly.  As the deferred tax assets associated with the tax attribute carry forwards were fully offset by a valuation allowance, a corresponding reduction in the Company’s valuation allowance was also recorded, resulting in no income tax impact.