Income Taxes

At December 31, 2014, the Company had federal net operating loss carryforwards set to expire through 2034 of $563.7 million and $167.3 million of state net operating loss carryforwards. The Company also has $18.7 million of federal research and development credit carryforwards, which expire through 2034. The Company has $14.0 million of California research and development credit carryforwards that have no expiration date.

Sections 382 and 383 of the U.S. tax code impose limitations (“382 and 383 limitations”) on the annual utilization of operating loss and credit carryforwards whenever a greater than fifty percent change in the ownership of a company occurs within a three year period. In addition to the annual limitations on operating loss and credit carryforwards, Section 382 can also restrict the utilization of certain post change losses if the tax basis in assets exceeds the fair value of assets (“net unrealized built in loss”) at the date of an ownership change. Companies with operating loss and credit carryforwards are required to test the cumulative three year change whenever there is an equity transaction that impacts the ownership of holders of more than five percent of the Company’s stock. During 2014, the Company completed a rollforward analysis through December 31, 2013. As a result of the rollforward analysis, it was determined that no additional ownership changes occurred since those identified in the original analysis completed through December 31, 2013. Future changes in the ownership of the Company could place additional restrictions on the Company’s ability to utilize operating loss and credit carryforwards arising through December 31, 2014. The components of the income tax expense (benefit) for continuing operations are as follows (in thousands):



	Year Ended December 31,
	2014			2013			2012
Current expense (benefit):
Federal	$	15		$	—		$	3
State	19			33			16
	34			33			19
Deferred expense (benefit):
Federal	406			404			(913		)
State	(30		)	(63		)	(297		)
	$	410		$	374		$	(1,191	)

Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2014 and 2013 are shown below. A valuation allowance has been recognized to offset the net deferred tax assets as management believes realization of such assets is uncertain as of December 31, 2014, 2013 and 2012. The change in valuation allowance increased $9.8 million in 2014, decreased $5.4 million in 2013 and increased $41.8 million in 2012.



	December 31,
	2014			2013
	(in thousands)
Deferred assets:
Net operating loss carryforwards	$	193,747		$	196,421
Research and AMT credit carryforwards	28,288			30,092
Fixed assets and intangibles	13,237			17,293
Accrued expenses	1,579			1,474
Contingent liabilities	579			582
Deferred revenue	771			760
Present value of royalties	11,686			12,175
Organon termination asset	(111		)	(4,073		)
Organon termination liability	111			4,073
Royalty obligation	—			—
Deferred rent	730			1,634
Lease termination costs	—			—
Capital loss carryforwards	—			148
Other	5,780			3,701
	256,397			264,280
Valuation allowance for deferred tax assets	(240,420		)	(249,470		)
Net deferred tax assets	$	15,977		$	14,810
Deferred tax liabilities:
Retrophin fair value adjustment	$	(1,396	)	$	(859	)
Convertible debt	(1,436		)	—
Identified intangibles	(13,146		)	(13,984		)
Identified indefinite lived intangibles	(3,048		)	(2,639		)
Total	$	(3,049	)	$	(2,672	)

As of December 31, 2014 and 2013, the Company had not recognized as a deferred tax asset $8.1 million and $2.4 million, respectively of unrealized excess tax benefits from share based compensation. When realized and the valuation allowance is reversed, such benefits will be credited directly to additional paid-in capital. Changes to the valuation allowance allocated directly to other comprehensive income were $0.7 million, $1.0 million and $0 for 2014, 2013 and 2012, respectively.

A reconciliation of income taxes from continuing operations to the amount computed by applying the statutory federal income tax rate to the net loss from continuing operations is summarized as follows:



	Years Ended December 31,
	2014			2013			2012
Amounts computed at statutory federal rate	$	(3,843	)	$	(3,131	)	$	1,317
State taxes net of federal benefit	(697		)	(293		)	196
Meals & entertainment	(9		)	(10		)	(8		)
Acquisition related transaction costs	—			—			—
Imputed interest	(53		)	(285		)	(259		)
Section 162(m) limitation	(490		)
Contingent liabilities	(1,748		)	(2,027		)	695
Stock-based compensation	(89		)	556			581
Expired NOLs	(88		)	—			(6,847		)
Research and development credits	113			4,581			(1,984		)
Change in uncertain tax positions	(7		)	(364		)	830
Rate change for changes in state law	(119		)	(901		)	(3,388		)
Increase in deferred tax assets from completion of 382 analysis	(43		)	(786		)	53,257
Change in valuation allowance	7,243			3,509			(41,768		)
Other	(580		)	(1,223		)	(1,431		)
	$	(410	)	$	(374	)	$	1,191

The Company accounts for income taxes by evaluating a probability threshold that a tax position must meet before a financial statement benefit is recognized. The minimum threshold is a tax position that is more likely than not to be sustained upon examination by the applicable taxing authority, including resolution of any related appeals or litigation processes, based on the technical merits of the position. The Company’s remaining liabilities for uncertain tax positions are presented net of the deferred tax asset balances on the accompanying consolidated balance sheet.

A reconciliation of the amount of unrecognized tax benefits at December 31, 2014 and 2013 is as follows (in thousands):



Balance at December 31, 2012	$	8,067
Additions based on tax positions related to the current year	417
Additions for tax positions of prior years	20
Balance at December 31, 2013	$	8,504
Additions based on tax positions related to the current year	40
Reductions for tax positions of prior years	(20		)
Balance at December 31, 2014	$	8,524

Included in the balance of unrecognized tax benefits at December 31, 2014 is $8.5 million of tax benefits that, if recognized would result in adjustments to the related deferred tax assets and valuation allowance and not affect the Company’s effective tax.

The Company recognizes interest and penalties related to uncertain tax positions in income tax expense. As of December 31, 2014 and December 31, 2013, there was an accrual related to uncertain tax positions of $32,000 and $31,000. The Company files income tax returns in the United States and in various state jurisdictions with varying statutes of limitations. The federal statute of limitation remains open for the 2011 tax year to present. The state income tax returns generally remain open for the 2010 tax years through present. Changes to the valuation allowance allocated directly to equity were $1.1 million, $0, and $0 for the year ended December 31, 2014, 2013, and 2012, respectively.