4. Income Taxes

Income (loss) before provision for income taxes was generated from the following sources (in thousands):


	Year Ended December 31,
	2015			2014			2013
Domestic	$	(2,651	)	$	(11,867	)	$	(27,968	)
Foreign		117			117			168

Total loss before provision for income taxes	$	(2,534	)	$	(11,750	)	$	(27,800	)

A summary of the income tax expense is as follows (in thousands):


	Year Ended December 31,
	2015		2014		2013
Current:
Federal	$	—	$	—	$	—
State		5		5		(19	)
Foreign		63		44		172

Total current		68		49		153

Deferred:
Federal		—		—		—
State		—		—		—
Foreign		—		—		—

Total deferred		—		—		—

Total provision	$	68	$	49	$	153

A reconciliation of the provision for income taxes to the amount of income tax expense that would result from applying the federal statutory rate to the profit before income taxes is as follows:


	Year Ended December 31,
	2015			2014			2013
Federal statutory rate		35.0	%		35.0	%		35.0	%
State tax, net of federal benefit		(20.4	)		1.2			4.0
Equity compensation		(13.7	)		(6.6	)		(3.0	)
International tax items		(4.6	)		0.1			0.1
Foreign taxes		(2.5	)		(0.4	)		(0.6	)
Other		(10.6	)		(2.5	)		2.5
Miscellaneous		(1.1	)		0.0			0.0
Change in valuation allowance		15.2			(27.5	)		(39.0	)

		(2.7	)%		(0.7	)%		(1.0	)%

The major components of the Company’s deferred tax assets and liabilities are as follows (in thousands):


	Year Ended December 31,
	2015			2014
Deferred income tax assets
Net operating loss carry forwards	$	48,003		$	44,754
Credit carry forwards		3,708			3,708
Fixed Assets		1,181			1,466
Intangibles		19,588			23,029
Equity based compensation		311			279
Nondeductible accruals		1,977			2,382
Various reserves		142			149
Other		56			51
Valuation Allowance		(74,907	)		(75,744	)

Total deferred income taxes - net		59			74

Deferred income tax liabilities
Prepaid expenses		(59	)		(74	)

Total deferred income liabilities		(59	)		(74	)

Net deferred income tax assets (liabilities)	$	—		$	—

The Company has federal and state net operating loss (“NOL”) carryforwards of approximately $111.2 million and $107.9 million, respectively, at December 31, 2015, to reduce future cash payments for income taxes. Of the $111.2 million of NOL carryforwards at December 31, 2015, $0.5 million relates to the excess tax benefits from employee restricted stock. Equity will be increased by $0.5 million, if and when such excess tax benefits are ultimately realized. These federal NOL carryforwards will expire from 2024 through 2035 and state NOL carryforwards will expire 2015 through 2035. The Company also had $0.5 million of AMT credit carryforwards with an indefinite life, available to offset regular federal income tax requirements.

The Company has federal and state tax credit carryforwards of approximately $2.5 million and $0.7 million, respectively, at December 31, 2015. These tax credits will begin to expire in 2027.

To the extent that an ownership change has occurred under Internal Revenue Code Sections 382 and 383, the Company’s use of its loss carryforwards and credit carryforwards to offset future taxable income may be limited.

At December 31, 2015 and 2014, the Company had unrecognized tax benefits, including interest and penalties of approximately $0.6 million for both years.

The Company’s gross unrecognized tax benefits as of December 31, 2015 and 2014 and the changes in those balances are as follows (in thousands):


	Year Ended December 31,
	2015		2014
Beginning balance	$	592	$	592
Increases/(decreases) in tax positions for the current year		—		—
Increases/(decreases) in tax positions for the prior year		—		—

Gross unrecognized tax benefits, ending balance	$	592	$	592

We account for income taxes as required by FASB ASC Topic No. 740, Income Taxes. This Topic clarifies the accounting for uncertainty in income taxes recognized in an enterprise’s financial statements and prescribes a recognition threshold and measurement process for financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. The Topic also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure, and transition. The Topic requires an entity to recognize the financial statement impact of a tax position when it is more likely than not that the position will be sustained upon examination. The amount recognized is measured as the largest amount of benefit that is greater than fifty percent likely of being realized upon ultimate settlement. In addition, the Topic permits an entity to recognize interest and penalties related to tax uncertainties either as income tax expense or operating expenses. The Company has chosen to recognize interest and penalties related to tax uncertainties as income tax expense.

The Company assesses whether a valuation allowance should be recorded against its deferred tax assets based on the consideration of all available evidence, using a “more likely than not” realization standard. The four sources of taxable income that must be considered in determining whether deferred tax assets will be realized are: (1) future reversals of existing taxable temporary differences (i.e., offset of gross deferred tax liabilities against gross deferred tax assets); (2) taxable income in prior carryback years, if carryback is permitted under the applicable tax law; (3) tax planning strategies; and (4) future taxable income exclusive of reversing temporary differences and carryforwards.

After a review of the four sources of taxable income as of December 31, 2015 (as described above), and after consideration of the Company’s continuing cumulative loss position as of December 31, 2015, the Company recorded a valuation allowance related to its U.S.-based deferred tax assets of $74.9 million at December 31, 2015. During fiscal year 2015, the valuation allowance on deferred tax assets decreased by $0.8 million and increased during fiscal years 2014 and 2013, by $3.2 million and $12.1 million, respectively.

We recognized interest and penalties accrued related to unrecognized tax benefits in income tax expense. During the fiscal years 2015 and 2014, we recognized approximately $3,000 of interest and penalties in each year. The cumulative interest and penalties at December 31, 2015 and 2014 were 47,000 and $44,000, respectively.

Unrecognized tax benefits of $0.2 million at December 31, 2015 would impact the effective tax rate. We anticipate a decrease in gross unrecognized tax benefits of approximately $0.2 million within the next twelve months based on federal, state, and foreign statute expirations.

The Company is subject to U.S. federal income tax, as well as to income tax of multiple state jurisdictions. Federal income tax returns of the Company are subject to IRS examination for the 2012, 2013, and 2014 tax years. State income tax returns are subject to examination for a period of three to four years after filing. The Company closed their federal audit of the 2011 loss carry back claim during the year with no impact to the financial statements. As of December 31, 2015, the Company had no outstanding tax audits. The outcome of tax audits cannot be predicted with certainty. If any issues addressed in the Company’s tax audits are resolved in a manner not consistent with management’s expectations, the Company could be required to adjust its provision for income tax in the period such resolution occurs.

In November 2015, the FASB issued final guidance in ASU 2015-17, Balance Sheet Classification of Deferred Taxes, that requires companies to classify all deferred tax assets and liabilities as noncurrent on the balance sheet instead of separating deferred taxes into current and noncurrent amounts. The guidance is effective for financial statements issued for annual periods beginning after December 15, 2016. Early adoption is permitted for all companies in any interim or annual period, and may be adopted on either a prospective or retrospective basis.

The Company is early adopting this standard for the interim and annual period ending December 31, 2015 on a prospective basis. As such, prior periods were not retrospectively adjusted. Due to the Company’s full valuation allowance on its deferred tax assets, the nature of the change on the balance sheet is not significant.