Income Taxes

12 Months Ended

Sep. 30, 2012

Income Taxes [Abstract]

INCOME TAXES

11. INCOME TAXES

Income taxes consisted of the following:

Years Ended September 30,	2012			2011
Current tax (benefit) expense
Federal	$	(155,000	)	$	88,000
State		4,000			(13,000	)
		(151,000	)		75,000
Deferred (benefit) expense
Federal		(1,583,000	)		93,000
State		(279,000	)		16,000
		(1,862,000	)		109,000
Change in valuation allowance		1,862,000			(109,000	)
Provision for income taxes	$	(151,000	)	$	75,000

A reconciliation of income taxes at the federal statutory rate of 34% to the effective tax rate was as follows:

Years Ended September 30,	2012			2011
Income taxes computed at the federal statutory rate	$	446,000		$	1,710,000
Change in valuation allowance		(1,862,000	)		109,000
Nondeductible compensation, interest expense and other		6,000			4,000
State income taxes, net of federal tax benefit		72,000			283,000
Change in R&D credit carryover		53,000			(2,094,000	)
Stock options and other prior year true-ups		1,389,000			357,000
State business credit utilization		(100,000	)		(294,000	)
Prior year tax adjustments		(155,000	)		—
	$	(151,000	)	$	75,000

The types of temporary differences between the tax basis of assets and liabilities and their approximate tax effects that give rise to a significant portion of the net deferred tax asset at September 30, 2012 and 2011 were as follows:

	At September 30,
	2012			2011
Deferred tax assets:
Net operating loss carryforwards	$	20,350,000		$	20,928,000
Research and development credit		2,206,000			2,094,000
Share-based compensation		600,000			1,761,000
Equipment		—			90,000
Patents		229,000			252,000
Accruals and other		509,000			490,000
State tax deduction		(2,000	)		4,000
Federal AMT Credit		49,000			155,000
Allowances		184,000			213,000
Gross deferred tax asset		24,125,000			25,987,000
Less valuation allowance		(24,125,000	)		(25,987,000	)
	$	—		$	—

At September 30, 2012, the Company had net deferred tax assets of approximately $24,125,000. The deferred tax assets are primarily composed of federal and state NOL carryforwards and federal and state research and development (“R&D”) credit carryforwards. At September 30, 2012, the Company, for federal income tax purposes, had NOL carryforwards of approximately $53,430,000, which expire through 2031. The Company recognizes windfall tax benefits associated with the exercise of stock options directly to stockholders’ equity only when realized. Accordingly, deferred tax assets are not recognized for NOL carryforwards resulting from windfall tax benefits occurring from October 1, 2008 onward. At September 30, 2012, deferred tax assets do not include excess tax benefits from stock-based compensation of approximately $179,000.

Due to uncertainties surrounding the Company’s ability to generate future taxable income to realize these assets, a full valuation allowance has been established to offset net deferred tax assets as realization of such assets has not met the threshold under ASC 740-10, “Income Taxes.” The future utilization of the Company’s NOL carryforwards to offset future taxable income may be subject to a substantial annual limitation as a result of ownership changes that could occur in the future. The Company has an estimated $1,731,000 and $720,000 of federal and state R&D tax credits, respectively, at September 30, 2012, a portion of which began to expire in the 2011 tax year. Further, due to a change in California tax law in fiscal year 2008, NOL carryforwards may not be used in tax years 2008, 2009, 2010 and 2011, and R&D credit utilization was limited to fifty percent of the Company’s net tax in tax years 2008 and 2009.

The Company did not record a tax provision during the year ended September 30, 2012 as the Company’s annual effective tax rate is zero. During the quarter ended June 30, 2012, the Company amended its federal tax return for the year ended September 30, 2008 to make an election to carry back its fiscal year ended September 30, 2008 applicable NOL for a period of 3 years, and carry forward the loss for up to 20 years, as per Section 172(b)(1)(H) of the Internal Revenue Code of 1986 (“Section 172”), as amended per the American Recovery and Reinvestment Tax Act of 2009 for eligible small businesses. The Company also amended its federal tax returns for the years ended September 30, 2009 and 2010 and filed its federal tax return for the year ended September 30, 2011, during the fiscal year ended September 30, 2012, resulting in a federal income tax benefit of $152,333. Of this benefit, $112,009 has been received from the Internal Revenue Service in the year ended September 30, 2012, and the remaining $40,324 was recorded as a federal income tax receivable at September 30, 2012 and was received in October 2012. The federal income tax benefit and federal income tax receivable were the result of the election made during the quarter ended June 30, 2012 to carry back NOLs and apply them against taxable income during those applicable tax years.

The Company adopted ASC 740-10-25, “Income Taxes—Recognition” as of October 1, 2007. As of the date of the adoption, the Company had no unrecognized tax benefits and there were no material changes during the year. Due to the valuation allowance, future changes in the Company’s unrecognized tax benefits will not impact its effective tax rate. The Company’s practice is to recognize interest and/or penalties related to income tax matters in income tax expense.

The Company is subject to taxation in the U.S. and various state jurisdictions. All of the Company’s historical tax years are subject to examination by the Internal Revenue Service and various state jurisdictions due to the generation of NOL and credit carryforwards.