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Income Taxes
12 Months Ended
Sep. 30, 2014
Income Tax Disclosure [Abstract]  
Income Taxes

9. INCOME TAXES:

The components of our benefit (provision) from income taxes consisted of the following for the fiscal years ended September 30,

 

     2012      2013     2014  
     (Amounts in thousands)  

Current benefit (provision):

       

Federal

   $ 116       $ (101   $ (46

State

     60         995        (45
  

 

 

    

 

 

   

 

 

 

Total current benefit (provision)

   $ 176       $ 894      $ (91
  

 

 

    

 

 

   

 

 

 

Deferred benefit (provision):

       

Federal

     —           —          —     

State

     —           —          —     
  

 

 

    

 

 

   

 

 

 

Total deferred benefit (provision)

     —           —          —     
  

 

 

    

 

 

   

 

 

 

Total income tax benefit (provision)

   $ 176       $ 894      $ (91
  

 

 

    

 

 

   

 

 

 

Below is a reconciliation of the statutory federal income tax rate to our effective tax rate for the fiscal years ended September 30,

 

     2012     2013     2014  

Federal tax benefit (provision)

     (35.0 )%      (35.0 )%      (35.0 )% 

State taxes, net of federal effect

     16.8     0.7     (4.4 )% 

Stock based compensation

     (7.5 )%      (0.6 )%      (0.2 )% 

Valuation allowance

     50.2     45.0     42.5

Federal NOL carryback

     12.6     0.0     0.0

Foreign rate differential

     (15.4 )%      (2.9 )%      (3.0 )% 

Other

     (2.7 )%      (0.9 )%      (0.7 )% 
  

 

 

   

 

 

   

 

 

 

Effective tax rate

     19.0     6.3     (0.8 )% 
  

 

 

   

 

 

   

 

 

 

 

Deferred income taxes reflect the impact of temporary differences between the amount of assets and liabilities recognized for financial reporting purposes and such amounts recognized for income tax purposes. The tax effects of these temporary differences representing the components of deferred tax assets (liabilities) as of September 30,

 

     2013     2014  
     (Amounts in thousands)  

Current deferred tax assets:

    

Inventories

   $ 1,494      $ 1,712   

Accrued expenses

     1,269        1,110   
  

 

 

   

 

 

 

Current deferred tax assets

     2,763        2,822   

Valuation allowance

     (2,763     (2,822
  

 

 

   

 

 

 

Net current deferred tax assets

   $ —        $ —     
  

 

 

   

 

 

 

Long-term deferred tax assets:

    

Depreciation and amortization

   $ 8,275      $ 6,008   

Stock based compensation

     4,216        3,902   

Tax loss carryforwards

     26,726        24,418   

Other

     364        374   
  

 

 

   

 

 

 

Long-term deferred tax assets

     39,581        34,702   

Valuation allowance

     (39,581     (34,702
  

 

 

   

 

 

 

Net long-term deferred tax assets

   $ —        $ —     
  

 

 

   

 

 

 

Pursuant to ASC 740, we must consider all positive and negative evidence regarding the realization of deferred tax assets. ASC 740 provides for four possible sources of taxable income to realize deferred tax assets: 1) taxable income in prior carryback years, 2) reversals of existing deferred tax liabilities, 3) tax planning strategies and 4) projected future taxable income. As of September 30, 2014, we have no available taxable income in prior carryback years, reversals of existing deferred tax liabilities or prudent and feasible tax planning strategies. Therefore, the recoverability of our deferred tax assets is dependent upon generating future taxable income. Although as of September 30, 2014, we were no longer in a three year cumulative loss position for financial reporting purposes in our significant jurisdictions, we believe there is sufficient negative evidence concerning our projected future taxable income and, therefore, the realization of our deferred tax assets. Our future taxable income is inherently difficult to project and subject to uncertainty due to many factors including the impact of general economic conditions and the cyclical nature of our operations which historically has resulted in losses in the first half of our fiscal year. Additionally, historically it has been difficult to project our industry’s trends and therefore our results. Based on our analysis of the available evidence we determined that our deferred tax assets needed a full valuation allowance as of September 30, 2013 and September 30, 2014. The total valuation allowance as of September 30, 2013 and 2014 was $42.3 million and $37.5 million, respectively. We will continue to evaluate the need for a full valuation allowance. If the full valuation allowance is reversed we will start recording a tax provision.

Under ASC 740, the impact of uncertain tax positions taken or expected to be taken on an income tax return must be recognized in the financial statements at the largest amount that is more likely than not to be sustained upon audit by the relevant taxing authority. An uncertain income tax position will not be recognized in the financial statements unless it is more likely than not of being sustained. As of September 30, 2013 and 2014, we had approximately $224,000 and $234,000, respectively, of gross unrecognized tax benefits, of which approximately $154,000 and $154,000, respectively, if recognized, would impact the effective tax rate before considering a change in valuation allowance.

 

The reconciliation of the total amount recorded for unrecognized tax benefits at the beginning and end of the fiscal years ended September 30, 2013 and 2014 is as follows:

 

     2013     2014  
     (Amounts in thousands)  

Unrecognized tax benefits at the beginning of the year

   $ 1,498      $ 224   

Increases in tax positions for prior years

     34        10   

Decreases in tax positions for prior years

     (1,308     —     
  

 

 

   

 

 

 

Unrecognized tax benefits as of September 30,

   $ 224      $ 234   
  

 

 

   

 

 

 

Consistent with our prior practices, we recognize interest and penalties related to uncertain tax positions as a component of income tax expense. As of September 30, 2013 and 2014, interest and penalties represented approximately $100,000 and $110,000, respectively, of the gross unrecognized tax benefits.

We are subject to tax by both federal and state taxing authorities. Until the respective statutes of limitations expire, we are subject to income tax audits in the jurisdictions in which we operate. We are no longer subject to U.S. federal tax examinations for fiscal years prior to 2011, and we are not subject to audits prior to the 2010 fiscal year for the majority of the state jurisdictions.

We do not expect a change to the total amount of unrecognized tax benefits in the next 12 months based on examinations by tax authorities, the expiration of statutes of limitations, or potential settlements of outstanding positions.