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Income Taxes
3 Months Ended
Mar. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

12. Income Taxes

The difference between the federal statutory tax rate of 21% and the Company’s 0% tax rate is due to losses in jurisdictions from which the Company cannot benefit.

Intraperiod tax allocation rules require the Company to allocate the provision for income taxes between continuing operations and other categories of earnings, such as other comprehensive income.  In periods in which the Company has a year-to-date pre-tax loss from continuing operations and pre-tax income in other categories of earnings, such as other comprehensive income, the Company must allocate the tax provision to the other categories of earnings.  The Company then records a related tax benefit in continuing operations.  The Company did not record any unrealized gains in other comprehensive income during the three months ended March 31, 2018.  The Company did record unrealized gains in other comprehensive income during the three months ended March 31, 2017. As a result, the Company recorded a tax benefit of $0 and $6,000 for the three months ended March 31, 2018 and 2017, respectively, on the condensed consolidated statement of operations and $0 and $ 26,000, respectively, in other comprehensive income on the condensed consolidated balance sheet.

The Company is operating in Korea.  During the three months ended March 31, 2018 and 2017, the tax benefit related to Korea is $0.1 million for each period.  

The Company currently files federal and state income tax returns in the United States and in Korea.  Income tax expense consists of U.S. federal, state, and Korean income taxes.  To date, the Company has not been required to pay U.S. federal income taxes because of current and accumulated net operating losses.

The Tax Cuts and Jobs Act was enacted on December 22, 2017.  The Act reduces the U.S. federal corporate income tax rate from 35% to 21%, requires companies to pay a one-time transition tax on earnings of certain foreign subsidiaries that were previously tax deferred, modifies the rules with respect to the deductibility of certain executive compensation, and creates new taxes on certain foreign sourced earnings. As of December 31, 2017, the Company had not completed it accounting for the tax effects of the Act.  

In March 2018, the FASB issued ASU 2018-05, Income Taxes – Amendments to SEC Paragraphs Pursuant to SEC Staff Accounting Bulletin No. 118.  The guidance provides for a provisional one year measurement period for entities to finalize their accounting for certain tax effects related to the Act. The Company’s estimates may also be affected as it gains a more thorough understanding of the tax law. These changes would likely not be material to income tax expense given the Company’s valuation allowance against the U.S. net deferred tax assets.