XML 44 R13.htm IDEA: XBRL DOCUMENT v2.4.0.6
Income Taxes
6 Months Ended
Apr. 30, 2013
Income Taxes [Abstract]  
Income Taxes

(8)            Income Taxes

 

The Company has recorded a provision for income tax expense of $7,000 and $7,000 for the three-month periods ended April 30, 2013 and 2012, respectively, and $14,000 and $14,000 for the six-month periods ended April 30, 2013 and 2012, respectively.

 

As of October 31, 2012, the reserve for uncertain tax positions was $42,000, increasing to $43,000 as of April 30, 2013.  The entire amount of the reserve is related to uncertainties regarding income tax nexus with various states in which the Company operates.  Included in the reserve is $18,000 of estimated interest and penalties.  The total amount of the reserve has increased the Company’s effective tax rate, and would therefore decrease the effective tax rate if removed.

 

Estimated interest and penalties related to potential underpayment of income taxes are classified as a component of tax expense in the consolidated statement of comprehensive income (loss).  The Company does not expect the amount of reserves for uncertain tax positions to change significantly in the next twelve months.  Similarly, the Company does not anticipate that the total reserve for uncertain tax positions will significantly change due to the settlement of audits and the expiration of statutes of limitations within the next twelve months. 

 

The Company files a consolidated federal income tax return in the United States Federal jurisdiction and files various combined and separate tax returns in several state and local jurisdictions.  For United States federal tax, the Company is no longer subject to examinations by the authorities for fiscal years ending prior to November 1, 2008.  The expiration dates of the statute of limitations related to the various state income tax returns that the Company files vary by state.  There is no statute of limitations for assessments related to jurisdictions where the Company may have a nexus but has chosen not to file an income tax return.

 

The Company has federal net operating loss (“NOL”) and general business tax credit carry forwards; however, the utilization of these tax loss and tax credit carry forwards is limited under Internal Revenue Code (“IRC”) §382 and §383, respectively, as a result of a IRS-deemed change in ownership that occurred in the fourth quarter of fiscal 2006.  The Company estimates that the amount of federal NOL carry forward from October 31, 2012 that is not limited is approximately $14.5 million.  These loss carry forwards will expire in years 2018 through 2032.  Additionally, the Company has concluded that all general business credit carry forwards are limited and not available for use in future years.  The Company also has $109,000 of alternative minimum tax credit carry forwards that do not have expiration dates.  The alternative minimum tax credit carry forwards are limited by IRC §383, but their ultimate use is not affected since these do not expire.

 

The Company has recorded a full valuation allowance against its net deferred tax asset based on its belief that it was more likely than not that the asset would not be realized in the future.  Although this determination was made in a prior fiscal year, it is still applicable as of April 30, 2013, and the Company will continue to assess the need for a full valuation allowance in future quarters.  Any reduction of the valuation allowance related to post-bankruptcy net operating losses and other deferred tax assets would (i) first affect earnings as a reduction in the provision for taxes and (ii) thereafter, the remaining $0.9 million would increase additional paid-in capital as these deferred tax assets represent employee stock-based compensation tax deductions included in the Company’s net operating losses.