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Income Taxes
12 Months Ended
Apr. 30, 2012
Income Taxes [Abstract]  
Income Taxes

Note 12.  Income Taxes

       

Income (loss) before income taxes and provision (benefit) for income taxes for the years ended April 30 were as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

2012

 

2011

 

2010

Domestic

$

 (16,436)

$

 (14,017)

$

 173

Foreign

 

 (73)

 

 (2,593)

 

 (180)

  Total income (loss) before income taxes

$

 (16,509)

$

 (16,610)

 

 (7)

 

 

 

 

 

 

 

Current

 

 

 

 

 

 

Foreign taxes

$

 (74)

$

 52

$

 55

Federal and state income taxes

 

 83

 

 4

 

 18

Total Current

 

 9

 

 56

 

 73

 

 

 

 

 

 

 

Deferred

 

 

 

 

 

 

Foreign taxes

 

 -

 

 (91)

 

 (120)

Federal and state income taxes

 

 144

 

 90

 

 (84)

Total Deferred

 

 144

 

 (1)

 

 (204)

Provision (benefit) for income taxes

$

 153

$

 55

$

 (131)

 

The provision (benefit) for income taxes for the years ended April 30, 2012, 2011 and 2010 differs from the amounts computed by applying the statutory U.S. federal income tax rate to pretax income (loss) as a result of the following (in thousands):

 

 

 

 

 

 

 

 

 

 

 

2012

 

2011

 

2010

Computed tax expense (benefit) at statutory rate

$

 (5,613)

$

 (5,795)

$

 (837)

Increases (reductions) in tax expense resulting from:

 

 

 

 

 

 

Change in valuation allowance for deferred tax assets

 

 (1,752)

 

 1,105

 

 339

Stock-based compensation

 

 297

 

 259

 

 180

Impairment

 

 -

 

 3,806

 

 -

Change in fair value of warrants

 

 (358)

 

 (176)

 

 -

Acquisition cost

 

 -

 

 -

 

 224

Foreign operations

 

 (4)

 

 852

 

 -

Net operating loss carryforward limitation

 

 7,352

 

 -

 

 -

     Other

 231

 4

 (37)

Provision (benefit) for income taxes

$

 153

$

 55

$

 (131)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Company provides deferred income taxes which reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities at April 30 were as follows (in thousands):

 

 

 

 

 

 

 

 

2012

 

2011

Deferred tax assets (liabilities):

 

 

 

 

Non-current assets

 

 

 

 

Net operating loss carryforwards

$

 12,010

$

 19,425

Capital loss carryforward

 

 92

 

 120

Foreign tax credits

 

 224

 

 185

Domestic fixed assets and other intangibles

 

 5,106

 

 35

Reserves and other accruals

 

 1,034

 

 304

Current assets

 

 

 

 

Deferred revenue

 

 213

 

 165

Allowance for losses on accounts receivable

 

 131

 

 110

Reserves and other accruals

 

 412

 

 859

Total deferred tax assets

 

 19,222

 

 21,203

Valuation allowance

 

 (19,187)

 

 (21,072)

Non-current liabilities

 

 

 

 

Domestic fixed assets and other intangibles

 

 (35)

 

 -

Foreign fixed assets and other intangibles

 

 -

 

 -

Goodwill

 

 (699)

 

 (686)

          Total deferred tax liabilities

 (734)

 (686)

Net deferred tax assets (liabilities)

$

 (699)

$

 (555)

 

 

 

 

 

 

 

 

 

 

Realization of deferred tax assets is dependent upon future earnings, the timing and amount of which are uncertain. Accordingly, the Company has maintained a full valuation allowance against its net deferred tax assets in all the tax jurisdictions. The valuation allowance decreased by $1.9 million in fiscal 2012, increased by $1.0 million in fiscal 2011, and increased by $3.0 million in fiscal 2010.

 

At April 30, 2012, the Company had approximately $28.7 million in federal net operating loss (“NOL”) carryforwards after write-off  of  the limitations under the Internal Revenue Code Section 382 caused by changes in ownership, which begin to expire in fiscal year 2012 through 2029, approximately $8.0 million in California state NOL carryforwards that expire in fiscal years 2013 to 2031, approximately $93.6 million in other state NOL carryforwards that expire in fiscal years 2014 to 2031, and approximately $1.9 million in foreign NOL carryforwards that do not expire.  At April 30, 2012, the Company also had approximately $0.2 million in federal and $0.2 million in California capital loss carryforwards, respectively, which expire beginning in fiscal year 2013 for federal tax purposes and will not expire for State of California purposes.

 

It is the intention of the Company to reinvest the earnings of its non-U.S. subsidiary in the operations. The Company does not provide for U.S. income taxes on the earnings of foreign subsidiary as such earnings are to be reinvested indefinitely. As of April 30, 2012, there is minimal amount of cumulative earnings upon which U.S. income taxes have not been provided.

 

At April 30, 2012, the Company had $23,000 of state income tax payable, $39,000 of foreign income tax payable, $310,000 of state income tax receivable, and $78,000 of foreign income tax receivable.

 

Uncertain Tax Positions

 

As of April 30, 2012, the Company had no amount of unrecognized tax benefits.

 

 

 

 

 

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

 

 

 

 

 

 

Year ended April 30, 2012

 

Year ended April 30, 2011

Beginning balance

$

 -

$

 74

Gross increases - tax positions in current period

 

-

 

 -

Gross decreases - tax positions in prior period

 

 -

 

 (74)

Gross increases - tax positions in prior period

 

 -

 

 -

Decreases relating to settlements

 

 -

 

 -

Reductions as a result of a lapse of statute of limitations

 

 -

 

 -

Ending balance

$

 -

$

 -

 

It is the Company’s policy to recognize interest and penalties accrued on any unrecognized tax benefits as a component of income tax expense. As of April 30, 2012, the Company has not recorded any interest or penalties associated with any unrecognized tax benefits.

 

The Company does not have any tax positions for which it is reasonably possible the total amount of gross unrecognized benefits will increase or decrease within 12 months of the year ended April 30, 2012.

 

The Company is subject to income taxes in the U.S. federal jurisdiction, and various states and foreign 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 general, the Company is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for the fiscal years before 2007.