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Income Taxes
 12 Months Ended
Sep. 30, 2011
Income Taxes [Abstract]  
Income Taxes

10.  INCOME TAXES

 

Federal and state income tax provisions for continuing operations are as follows:

   Years Ended September 30,
   2011 2010 2009
Federal:         
 Current $ - $ - $ -
 Deferred   -   -   (28)
State:         
 Current   224   119   350
 Deferred   (78)   (150)   173
   $ 146 $ (31) $ 495

Actual income tax expense differs from income tax expense computed by applying the U.S. federal statutory corporate rate of 35 percent to income before provision for income taxes as follows:

 

   Years Ended September 30,
   2011 2010 2009
Provision (benefit) at the statutory rate $ (12,979) $ (11,262) $ (4,006)
Increase resulting from:         
 Non-deductible expenses   565   533   603
 State income taxes, net of federal deduction   -   -   60
 Change in valuation allowance   13,582   11,321   3,798
 Contingent tax liabilities   (73)   -   -
 Other   16   31   57
Decrease resulting from:         
 Change in valuation allowance   -   -   -
 State income taxes, net of federal deduction   (965)   (421)   -
 Other   -   (233)   (17)
   $ 146 $ (31) $ 495

Deferred income tax provisions result from temporary differences in the recognition of income and expenses for financial reporting purposes and for income tax purposes. The income tax effects of these temporary differences, representing deferred income tax assets and liabilities, result principally from the following:

    Years Ended September 30,
    2011 2010
Deferred income tax assets:      
 Allowance for doubtful accounts $ 998 $ 1,269
 Accrued expenses   5,269   4,930
 Net operating loss carryforward   103,636   93,504
 Various reserves   1,728   900
 Equity losses in affiliate   286   98
 Share-based compensation   2,676   2,584
 Capital loss carryforward   3,889   3,901
 Other   1,836   2,083
Subtotal   120,318   109,269
Less valuation allowance   (119,347)   (105,804)
Total deferred income tax assets $ 971 $ 3,465
Deferred income tax liabilities:      
 Property and equipment $ - $ (1,040)
 Deferred contract revenue and other   (106)   (1,598)
Total deferred income tax liabilities   (106)   (2,638)
Net deferred income tax assets $ 865 $ 827

In 2002, we adopted a tax accounting method change that allowed us to deduct goodwill for income tax purposes that had previously been classified as non-deductible. The accounting method change resulted in additional amortizable tax basis in goodwill. We believe the realization of the additional tax basis in goodwill is less than probable and have not recorded a deferred tax asset. Although a deferred tax asset has not been recorded through September 30, 2011, we have derived a cumulative cash tax reduction of $11,438 from the change in tax accounting method and the subsequent amortization of the additional tax goodwill. In addition, the amortization of the additional tax goodwill has resulted in additional federal net operating loss carry forwards of $135,820 and state net operating loss carry forwards of $11,981. We believe the realization of the additional net operating loss carry forwards is less than probable and have not recorded a deferred tax asset. We have $6,007 of tax basis in the additional tax goodwill that remains to be amortized. As of September 30, 2011, approximately two years remain to be amortized.

 

As of September 30, 2011, we had available approximately $435,064 of federal net tax operating loss carry forward for federal income tax purposes, including $135,820 resulting from the additional amortization of tax goodwill. This carry forward, which may provide future tax benefits, will begin to expire in 2022. On May 12, 2006, we had a change in ownership as defined in Internal Revenue Code Section 382. As such, our net operating loss utilization after the change date will be subject to Section 382 limitations for federal income taxes and some state income taxes. The annual limitation under Section 382 on the utilization of federal net operating losses will be approximately $20,000 for the first five tax years subsequent to the change in ownership and $16,000 thereafter. Approximately $263,829 of federal net operating losses will not be subject to this limitation. Also, after applying the Section 382 limitation to available state net operating loss carry forwards, we had available approximately $126,487 state net tax operating loss carry forwards, including $11,981 resulting from the additional amortization of tax goodwill which begin to expire as of September 30, 2011. We have provided valuation allowances on all net operating losses where it is determined it is more likely than not that they will expire without being utilized.

 

In assessing the realizability of deferred tax assets at September 30, 2011, we considered whether it was more likely than not that some portion or all of the deferred tax assets will not be realized. Our realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which these temporary differences become deductible. However, GAAP guidelines place considerably more weight on historical results and less weight on future projections when there is negative evidence such as cumulative pretax losses in recent years. We incurred a cumulative pretax loss for September 30, 2011, 2010 and 2009. In the absence of specific favorable evidence of sufficient weight to offset the negative evidence of the cumulative pretax loss, we have provided valuation allowances of $113,810 for all federal deferred tax assets and $5,537 for certain state deferred tax assets. We believe that $363 of federal deferred tax assets will be realized by offsetting reversing deferred tax liabilities. We believe that $865 of state deferred tax assets will be realized and valuation allowances were not provided for these assets. We will evaluate the appropriateness of our remaining deferred tax assets and valuation allowances on at least annually at the end of each fiscal year.

 

Prior to October 1, 2009, to the extent that we realize benefits from the usage of certain pre-emergence deferred tax assets resulting in a reduction in pre-emergence valuation allowances and to the extent we realize a benefit related to pre-emergence unrecognized tax benefits; such benefits will first reduce goodwill, then other long-term intangible assets, then additional paid-in capital. Beginning October 1, 2009, with the adoption of the new standards, reductions in pre-emergence valuation allowances or realization of pre-emergence unrecognized tax benefit will be recorded as an adjustment to our income tax expense. We believe future reductions in pre-emergence valuation allowance or realization of pre-emergence unrecognized tax benefits could have a material impact on the Consolidated Financial Statements.

 

As a result of the reorganization and related adjustment to the book basis in goodwill, we have tax basis in excess of book basis in amortizable goodwill of approximately $23,902. The tax basis in amortizable goodwill in excess of book basis is not reflected as a deferred tax asset. To the extent the amortization of the excess tax basis results in a cash tax benefit, the benefit will first go to reduce goodwill, then other long-term intangible assets, and then additional paid-in capital. As of September 30, 2011, we have received $72 in cash tax benefits related to the amortization of excess tax basis.

 

GAAP requires financial statement reporting of the expected future tax consequences of uncertain tax return reporting positions on the presumption that all relevant tax authorities possess full knowledge of those tax reporting positions, as well as all of the pertinent facts and circumstances, but it prohibits discounting of any of the related tax effects for the time value of money. The evaluation of a tax position is a two-step process. The first step is the recognition process to determine if it is more likely than not that a tax position will be sustained upon examination by the appropriate taxing authority, based on the technical merits of the position. The second step is a measurement process whereby a tax position that meets the more likely than not recognition threshold is calculated to determine the amount of benefit/expense to recognize in the financial statements. The tax position is measured at the largest amount of benefit/expense that is more likely than not of being realized upon ultimate settlement.

 

A reconciliation of the beginning and ending balances of unrecognized tax liabilities is as follows:

Balance at October 1, 2010$ 5,613
Additions for position related to current year  5
Additions for positions of prior years  13
Reduction resulting from the lapse of the applicable statutes of limitations  (86)
Reduction resulting from settlement of positions of prior years  -
Balance at September 30, 2011$ 5,545

As of September 30, 2011, $5,545 of unrecognized tax benefit would result in a decrease in the provision for income tax expense. We anticipate that approximately $76 of unrecognized tax benefits, including accrued interest, may reverse in the next twelve months. The reversal is predominately due to the expiration of the statutes of limitation for unrecognized tax benefits.

 

We had approximately $178 and $190 accrued for the payment of interest and penalties at September 30, 2011 and 2010, respectively. We recognize interest and penalties related to unrecognized tax benefits as part of the provision for income taxes.

 

We are currently not under federal audit by the Internal Revenue Service. The tax years ended September 30, 2008 and forward are subject to audit as are tax years prior to September 30, 2008, to the extent of unutilized net operating losses generated in those years.

 

The net deferred income tax assets and liabilities are comprised of the following:

    Years Ended September 30,
    2011 2010
 Current deferred income taxes:      
  Assets $ 198 $ 1,800
  Liabilities   (95)   (1,605)
 Net deferred tax asset, current $ 103 $ 195
 Noncurrent deferred income taxes:      
  Assets $ 1,046 $ 1,678
  Liabilities   (284)   (1,046)
 Net deferred tax asset, non-current   762   632
Net deferred income tax assets $ 865 $ 827