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Income Taxes
6 Months Ended
Jun. 30, 2011
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]
10. Income Taxes
 
The Company has not recognized any income tax provision (benefit) for the three and six months ended June 30, 2011, and June 30, 2010 due to continuing losses from operations.
 
The U.S. statutory federal income tax rate is reconciled to the Company’s effective income tax rate as follows:

   
Three Months Ended June 30,
   
Six Months Ended June 30,
 
  
 
2011
   
2010
   
2011
   
2010
 
Statutory U.S. federal income tax rate
    (35.0 )%     (34.0 )%     (35.0 )%     (34.0 )%
Expected state tax benefit, net
    (0.5 )%     (3.6 )%     (0.5 )%     (3.6 )%
Cumulative effect of tax rate adjustments
                       
Valuation allowance
    35.5     37.6 %     35.5 %     37.6 %
  
    0.0     0.0 %     0.0 %     0.0 %
 
The effects of temporary differences and other items that give rise to deferred tax assets and liabilities are presented below (in thousands):

  
 
June 30,
2011
   
December 31,
2010
 
Deferred tax assets:
 
     
   
  
 
Capitalized start up costs
  $ 3,757     $ 3,802  
Stock options
    522       493  
Net operating loss carryover
    69,526       66,007  
Deferred tax asset
    73,805       70,302  
Valuation allowance
    (36,773 )        (31,776
Deferred tax liabilities:
               
Property, plant and equipment
    (37,032 )        (38,526
Deferred tax liabilities
    (37,032 )        (38,526
Net deferred tax asset
  $     $  
Current tax receivable
  $     $  
 
The Company assesses the recoverability of deferred tax assets and the need for a valuation allowance on an ongoing basis. In making this assessment, management considers all available positive and negative evidence to determine whether it is more likely than not that some portion or all of the deferred tax assets will be realized in future periods. This assessment requires significant judgment and estimates involving current and deferred income taxes, tax attributes relating to the interpretation of various tax laws, historical bases of tax attributes associated with certain assets and limitations surrounding the realization of deferred tax assets.
 
As of June 30, 2011, the net operating loss carryforward was $196 million, which will begin to expire if not used by December 31, 2028. The U.S. federal statute of limitations remains open for our 2006 and subsequent tax years.