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Income Taxes
 12 Months Ended
Dec. 31, 2012
Income Taxes [Abstract]  
Income Taxes
10. Income Taxes

Total income taxes for the years ended December 31, 2012, 2011 and 2010 were allocated as follows (in thousands):

 

                         
    Year Ended December 31,  
    2012     2011     2010  

To income

   $ 611     $ (9,503 )    $ 7,893  

To stockholders’ equity

     10       240       277  
   

 

 

    

 

 

    

 

 

  

Total income taxes

   $ 621     $ (9,263 )    $ 8,170  
   

 

 

    

 

 

    

 

 

  

Income (loss) before taxes for the years ended December 31, 2012, 2011 and 2010 is comprised of the following (in thousands):

 

                         
    Year Ended December 31,  
    2012     2011     2010  

Domestic

   $ (88,945 )    $ (36,091 )    $ (27,091 ) 

Foreign

     290       1,696       1,534  
   

 

 

    

 

 

    

 

 

  

Income (loss) before taxes

   $ (88,655 )    $ (34,395 )    $ (25,557 ) 
   

 

 

    

 

 

    

 

 

  

The provision (benefit) for income taxes for the years ended December 31, 2012, 2011 and 2010 is comprised of the following (in thousands):

 

                         
    Year Ended December 31,  
    2012     2011     2010  

Current:

                        

Federal

   $ 0     $ (10,786 )    $ (3,602 ) 

State

     29       0       11  

Foreign

     74       84       43  
   

 

 

    

 

 

    

 

 

  

Total Current

     103       (10,702 )      (3,548 ) 
   

 

 

    

 

 

    

 

 

  

Deferred:

                        

Federal

     14       (114 )      9,882  

State

     0       0       789  

Foreign

     494       1,313       770  
   

 

 

    

 

 

    

 

 

  

Total Deferred

     508       1,199       11,441  
   

 

 

    

 

 

    

 

 

  

Provision (benefit) for income taxes

   $ 611     $ (9,503 )    $ 7,893  
   

 

 

    

 

 

    

 

 

  

 

The Company’s deferred tax assets consist of the following (in thousands):

 

                 
    December 31,  
    2012     2011  

Deferred tax assets:

                

Accrued expenses

   $ 6,271     $ 4,941  

Inventory obsolescence provision

     1,992       1,647  

Depreciation and amortization

     6,680       4,626  

Deferred rent

     892       409  

Net operating loss and tax credit carryforwards

     42,994       32,569  

Stock-based compensation

     6,069       5,662  

Unrecognized tax benefits

     613       439  
   

 

 

    

 

 

  

Deferred tax assets

     65,511       50,293  

Deferred tax liabilities:

                

Amortization of acquired intangibles

     (1,016 )      (12,777 ) 
   

 

 

    

 

 

  

Net deferred tax assets

     64,495       37,516  

Valuation allowance

     (63,881 )      (36,395 ) 
   

 

 

    

 

 

  

Net deferred tax assets

   $ 614     $ 1,121  
   

 

 

    

 

 

  

The Company recognizes federal, state and foreign current tax liabilities or assets based on its estimate of taxes payable to or refundable by tax authorities in the current fiscal year. The Company also recognizes federal, state and foreign deferred tax liabilities or assets based on the Company’s estimate of future tax effects attributable to temporary differences and carry forwards. The Company records a valuation allowance to reduce any deferred tax assets by the amount of any tax benefits that, based on available evidence and judgment, are not expected to be realized.

The Company assesses whether a valuation allowance should be recorded against its deferred tax assets based on the consideration of all available evidence, using a “more likely than not” realization standard. The four sources of taxable income that must be considered in determining whether deferred tax assets will be realized are: (1) future reversals of existing taxable temporary differences (i.e., offset of gross deferred tax assets against gross deferred tax liabilities); (2) taxable income in prior carryback years, if carryback is permitted under the applicable tax law; (3) tax planning strategies; and (4) future taxable income exclusive of reversing temporary differences and carryforwards.

After a review of the four sources of taxable income described above and after being in a three year cumulative loss position at the end of 2010, the Company recognized a full valuation allowance of $14.8 million related to its U.S.-based deferred taxes created prior to 2010, and recognized a full valuation allowance of $3.1 million related to its U.S.-based deferred tax assets created in 2010.

During 2011 and 2012, the Company recognized full valuation allowances of $14.6 million and $27.5 million, related to its U.S.-based and Canadian deferred tax assets created in those respective years. As a result, no net income tax benefits resulted in the Company’s statements for operations from the operating losses created during those years.

At December 31, 2012, the deferred tax asset valuation allowance consisted of $58.9 million relating to the Company’s domestic deferred tax assets and $5.0 million related to the Company’s Canadian deferred tax assets. At December 31, 2011, the valuation allowance consisted of $32.1 million relating to the Company’s domestic deferred tax assets and $4.3 million related to the Company’s Canadian deferred tax assets.

The net unreserved portion of the Company’s remaining deferred tax assets of $614,000 at December 31, 2012 primarily related to research and development tax credits associated with the Company’s Canadian subsidiary.

 

The provision (benefit) for income taxes reconciles to the amount computed by applying the statutory federal income tax rate of 34% in 2012, 2011 and 2010 to income before provision for income taxes as follows (in thousands):

 

                         
    Year Ended December 31,  
    2012     2011     2010  

Federal tax benefit, at statutory rate

   $ (30,142 )    $ (11,694 )    $ (8,690 ) 

State benefit, net of federal benefit

     (757 )      (733 )      (509 ) 

Change in valuation allowance—current year

     27,486       14,612       7,888  

Change in valuation allowance—prior year deferreds

     0       0       14,840  

Tax expense/(benefit) from business combination

     0       909       (4,838 ) 

Research and development credits

     (856 )      (1,731 )      (2,044 ) 

Share-based compensation

     1,616       526       917  

Merger fees

     0       0       674  

Uncertain tax positions

     (46 )      (11,809 )      322  

Goodwill impairment

     3,700       596       0  

Other

     (390 )      (179 )      (667 ) 
   

 

 

    

 

 

    

 

 

  
    $ 611     $ (9,503 )    $ 7,893  
   

 

 

    

 

 

    

 

 

  

At December 31, 2012, the Company has U.S. federal net operating loss carryforwards of approximately $91.2 million. Federal net operating loss carryforwards expire at various dates from 2026 through 2032. The Company has California net operating loss carryforwards of approximately $26.4 million, which expire at various dates from 2014 through 2033. The Company has California research and development tax credit carryforwards of approximately $6.1 million. The California tax credits have no expiration date. The Company also has federal research and development tax credit carryforwards of approximately $3.0 million. The federal tax credits expire at various dates from 2027 through 2031.

It is the Company’s intention to reinvest undistributed earnings of its foreign subsidiaries and thereby indefinitely postpone their remittance. Accordingly, no provision has been made for foreign withholding taxes on United States income taxes which may become payable if undistributed earnings of the foreign subsidiary were paid as dividends to the Company.

The Company follows the accounting guidance related to financial statement recognition, measurement and disclosure of uncertain tax positions. The Company recognizes the impact of an uncertain income tax position on an income tax return 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 if it has less than a 50% likelihood of being sustained. During the years ended December 31, 2012 and 2011, the Company recognized approximately $50,000 and $9.5 million, respectively, of income tax benefit plus $5,000 and $2.3 million, respectively, of associated interest due to expiration of the applicable statutes of limitations applicable to certain tax years. As of December 31, 2012 and 2011, the total liability for unrecognized tax benefits was $0.4 million and $0.4 million, respectively, and is included in other long-term liabilities.

 

A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows (in thousands):

 

         
    Amount  

Unrecognized tax benefits balance at December 31, 2009

   $ 41,135  

Increases related to current and prior year tax positions

     251  

Settlements and lapses in statutes of limitations

     0  
   

 

 

  

Unrecognized tax benefits balance at December 31, 2010

     41,386  

Increases related to current and prior year tax positions

     899  

Settlements and lapses in statutes of limitations

     (9,490 ) 
   

 

 

  

Unrecognized tax benefits balance at December 31, 2011

     32,795  

Increases related to current and prior year tax positions

     475  

Settlements and lapses in statutes of limitations

     (50 ) 
   

 

 

  

Unrecognized tax benefits balance at December 31, 2012

   $ 33,220  
   

 

 

  

Included in the balances of unrecognized tax benefits at December 31, 2012 are $0.1 million of tax benefits that, if recognized, would affect the effective tax rate.

The Company recognizes interest and penalties related to unrecognized tax benefits in the provision for income taxes. As of December 31, 2012 and 2011, the Company recorded approximately $0.2 million and $0.2 million, respectively, of accrued interest related to uncertain tax positions.

In the fourth quarter of 2013, the Company expects to release $71,000 of its liability for unrecognized tax benefits due to the expiration of the statute of limitations applicable to the 2008 taxable year.

The Company and its subsidiaries file U.S., state, and foreign income tax returns in jurisdictions with various statutes of limitations. The California Franchise Tax Board is currently conducting an examination of the Company’s California income tax returns for 2006 and 2007. The Company is also subject to various federal income tax examinations for the 2003 through 2011 calendar years due to the availability of net operating loss carryforwards. The Company believes appropriate provisions for all outstanding issues have been made for all jurisdictions and all open years. However, because audit outcomes and the timing of audit settlements are subject to significant uncertainty, the Company’s current estimate of the total amounts of unrecognized tax benefits could increase or decrease for all open years.