XML 35 R22.htm IDEA: XBRL DOCUMENT v2.4.0.6
Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes

14.    Income Taxes

The components of federal and state income tax expense are as follows (in thousands):

 

                 
    As of December 31,  
    2011     2010  

Current

               

Federal

  $     $  

State

           
   

 

 

   

 

 

 

Total current

           

Deferred

               

Federal

    7,531       4,853  

State

    2,831       1,283  
   

 

 

   

 

 

 

Total deferred

    10,362       6,136  

Valuation allowance

    (10,362 )     (6,136 )
   

 

 

   

 

 

 

Total income tax expense

  $     $  
   

 

 

   

 

 

 

The components of net deferred tax assets are as follows (in thousands):

 

                 
    As of December 31,  
    2011     2010  

Net operating loss carryforwards

  $ 18,786     $ 13,328  

Tax credit carryforwards

    3,160       1,061  

Stock based compensation

    6,885       5,864  

Other

    193       104  

Licensing deduction deferral

    7,458       3,264  
   

 

 

   

 

 

 

Gross deferred tax assets

    36,482       23,621  

Valuation allowance

    (36,482     (23,621
   

 

 

   

 

 

 

Net deferred tax asset

  $     $  
   

 

 

   

 

 

 
     

The components of net deferred tax liabilities are as follows (in thousands):

               
   
    As of December 31,  
        2011             2010      

In-process research and development not subject to future amortization for tax purposes

  $ 5,053     $      —  
   

 

 

   

 

 

 

Gross deferred tax liability

  $ 5,053     $  
   

 

 

   

 

 

 

 

The provision for income taxes differs from the provision computed by applying the federal statutory rate to net loss before income taxes as follows (in thousands):

 

                 
    As of December 31,  
    2011     2010  

Expected federal income tax benefit

  $ (3,905   $ (4,078

Non-qualified stock compensation

    (3,189     (1,236

Effect of change in valuation allowance

    8,551       6,136  

Income tax credits

    (260     (231

State income taxes after credits

    (1,197     (994

Other

          403  
   

 

 

   

 

 

 
    $     $  
   

 

 

   

 

 

 

The Company has incurred net operating losses from inception. At December 31, 2011, the Company had domestic federal and state net operating loss carryforwards of approximately $41.6 million available to reduce future taxable income, which expire at various dates beginning in 2013 through 2031. The Company also had federal and state research and development tax credit carryforwards of approximately $2,000,000 and $1,800,000, respectively, available to reduce future tax liabilities and which expire at various dates beginning in 2023 through 2031.

Under the provisions of the Internal Revenue Code, certain substantial changes in the Company’s ownership may result in a limitation on the amount of net operating loss carryforwards and research and development credit carryforwards which could be utilized annually to offset future taxable income and taxes payable.

Based on an assessment of all available evidence including, but not limited to the Company’s limited operating history in its core business and lack of profitability, uncertainties of the commercial viability of its technology, the impact of government regulation and healthcare reform initiatives, and other risks normally associated with biotechnology companies, the Company has concluded that it is more likely than not that these net operating loss carryforwards and credits will not be realized and, as a result, a 100% deferred income tax valuation allowance has been recorded against these assets.

The Company adopted certain provisions of the ASC 740, effective January 1, 2007 which clarifies the accounting for uncertainty in income taxes recognized in financial statements and requires the impact of a tax position to be recognized in the financial statements if that position is more likely than not of being sustained by the taxing authority. The adoption of ASC 740-10 did not have any effect on the Company’s financial position or results of operations.

The Company files income tax returns in the U.S. federal, Massachusetts and Oregon jurisdictions. The Company is subject to tax examinations for the 2007 tax year and beyond. The Company does not believe there will be any material changes in its unrecognized tax positions over the next 12 months. The Company has not incurred any interest or penalties. In the event that the Company is assessed interest or penalties at some point in the future, they will be classified in the financial statements as general and administrative expense.