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INCOME TAXES
12 Months Ended
Sep. 30, 2012
INCOME TAXES [Abstract]  
INCOME TAXES

8. INCOME TAXES

 

Significant components of our deferred tax assets and liabilities as of September 30 are as follows:

 

    2012     2011  
Deferred tax assets - Current:                
Inventory   $ 202     $ 236  
Accrued compensation and vacation     255       271  
Accrued expenses and other     252       118  
Total current deferred tax assets     709       625  
                 
Deferred tax liabilities - Current:                
Prepaid expenses     (74 )     (116 )
Total net current deferred tax assets     635       509  
                 
Deferred tax assets - Noncurrent:                
Domestic net operating loss carryforwards     2,483       1,585  
Stock compensation expense     14       29  
Foreign net operating loss     2,334       1,326  
Foreign tax credit carryover     119       119  
AMT credit carryover     42       45  
Total noncurrent deferred tax assets     4,992       3,104  
                 
Deferred tax liabilities - Noncurrent:                
Basis difference for fixed assets     (459 )     (562 )
Basis difference for intangibles     -       (21 )
      (459 )     (583 )
                 
Total net noncurrent deferred tax assets     4,533       2,521  
                 
Valuation allowance for net deferred tax assets     (5,168 )     (3,030 )
Net deferred tax  asset (liability)   $ -     $ -  

 

Significant components of the provision (benefit) for income taxes are as follows as of the year ended September 30:

 

    2012     2011  
Current:                
Federal   $ (3 )   $ 37  
State and local     5       13  
Foreign     -       -  
                 
Deferred:                
Federal     -       -  
State and local     -       -  
Foreign     -       -  
Income tax expense   $ 2     $ 50  

 

The effective income tax rate on continuing operations varied from the statutory federal income tax rate as follows:

 

    2012     2011  
             
Statutory federal income tax rate     34.0 %     34.0 %
Increases (decreases):                
State and local income taxes, net of Federal tax benefit, if applicable     (0.1 )     1.4  
Nondeductible expenses     (0.5 )     11.6  
Valuation allowance changes     (33.5 )     (39.4 )
Other     ---       0.9  
                 
Effective income tax rate     (0.1 )%     8.5 %

 

In fiscal 2012 and 2011, our foreign operations generated losses before income taxes of $3,636 and $745, respectively. We have foreign net operating loss carryforwards of $8,854 that have an indefinite life under current UK tax law. We have a valuation allowance for the deferred tax asset related to the foreign net operating losses.

 

Realization of deferred tax assets associated with the net operating loss carryforward and credit carryforward is dependent upon generating sufficient taxable income prior to their expiration. The valuation allowance in fiscal 2012 and 2011 was $2,834 and $1,706, respectively for our domestic operations. Payments made in fiscal 2012 and 2011 for income taxes amounted to $12 and $8, respectively.

 

At September 30, 2012, we had domestic net operating loss carryforwards of approximately $4,935 for federal and $9,469 for state, which expire from September 30, 2014 through 2029. Also, we have a foreign tax credit carryforward of approximately $119, which expires September 30, 2016. Further, we have an alternative minimum tax credit carryforward of approximately $42 available to offset future federal income taxes. This credit has an unlimited carryforward period.

 

We may recognize the tax benefit from an uncertain tax position only if it is more likely than not to be sustained upon regulatory examination based on the technical merits of the position. The amount of the benefit for which an exposure exists is measured as the largest amount of benefit determined on a cumulative probability basis that we believe is more likely than not to be realized upon ultimate settlement of the position. At September 30, 2012, a $16 liability remained for other uncertain income tax positions.

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 

Change in unrecognized tax benefits:

 

    2012     2011  
Balance at beginning of the year   $ 16     $ 30  
Additions based on tax positions related to the current year     -       -  
Additions for tax positions of prior years     -       -  
Reductions for tax positions of prior years     -       (14 )
Settlements     -       -  
Balance at end of the year   $ 16     $ 16  

 

As noted in the table above, there has been no change in our gross uncertain tax positions during fiscal 2012 based on a state tax position. For fiscal 2011, we had a reduction of $14 in our gross uncertain tax positions during fiscal 2011 based on correspondence with a state taxing authority.

 

We are no longer subject to U.S. federal tax examinations for years before 2008 or state and local for years before 2007, with limited exceptions. For federal purposes, the tax attributes carried forward could be adjusted through the examination process and are subject to examination 3 years from the date of utilization. Furthermore, we are no longer subject to income tax examinations in the United Kingdom for years prior to 2007.