12.	Income Taxes

Due to our net losses for the years ended December 31, 2013, 2012 and 2011, and since we have recorded a full valuation allowance against deferred tax assets, there was no provision or benefit for income taxes recorded. There were no components of current or deferred federal or state income tax provisions for the years ended December 31, 2013, 2012 and 2011.

A reconciliation of the total income tax provision tax rate to the statutory federal income tax rate of 34% for the years ended December 31, 2013, 2012 and 2011 is as follows:

	2013			2012			2011
Income tax expense (benefit) at federal statutory rate		(34.00	)%		(34.00	)%		(34.00	)%
Income tax expense (benefit) at state statutory rate		(3.54	)%		(2.79	)%		(3.36	)%
Gain on previously held equity interest in joint venture		(7.02	) %		0.00	%		0.00	%
Mark to market permanent adjustment		(2.15	)%		(0.24	)%		(5.02	)%
Change in federal valuation allowance		80.13	%		35.86	%		45.72	%
Change in state rate		(1.01	)%		(8.36	)%		(3.29	)%
Deferred revenue		0.00	%		000	%		(2.09	)%
Acquired NOL’s/Intangibles from joint venture		(33.40	) %		0.00	%		0.00	%
Foreign rate differential		2.48	%		(0.04	)%		0.00	%
Other, net		(1.49	)%		9.57	%		2.04	%
		0.00	%		0.00	%		0.00	%

The tax effects of temporary differences that give rise to significant portions of our deferred tax assets and deferred tax liabilities as of December 31, 2013 and 2012 are as follows:

	2013			2012
Deferred tax assets:
Allowances and reserves	$	639,000		$	169,000
Accrued expenses		718,000			1,053,000
Deferred revenue and gain-on-sale		79,000			1,138,000
Stock based compensation		6,962,000			5,635,000
Net operating loss carryforwards		107,846,000			87,045,000
Income tax credit carryforwards		6,710,000			5,729,000
Property and equipment, principally due to differences in depreciation		804,000			422,000
Other,net		296,000			295,000
		124,054,000			101,486,000
Valuation allowance		(122,450,000	)		(101,476,000	)

Total deferred tax assets, net of allowance		1,604,000			10,000

Deferred tax liabilities:
Intangibles		(1,604,000	)		(10,000	)

Total deferred tax liability		(1,604,000	)		(10,000	)

Net deferred tax assets (liability)	$	—		$	—

We have established a valuation allowance against our net deferred tax assets due to the uncertainty surrounding the realization of such assets. We periodically evaluate the recoverability of the deferred tax assets. At such time as it is determined that it is more likely than not that deferred assets are realizable, the valuation allowance will be reduced. We have recorded a full valuation allowance of $122,450,000 as of December 31, 2013 as we do not believe it is more likely than not our net deferred tax assets will be realized. We increased our valuation allowance by approximately $20,974,000 during the year ended December 31, 2013. The valuation allowance includes approximately $579,000 related to stock option deductions, the benefit of which, if realized, will eventually be credited to equity and not to income.

At December 31, 2013, we had federal, California, and Massachusetts tax loss carry forwards of approximately $288,010,655, $180,510,359, and $576,000, respectively, prior to reduction for windfall tax benefits. The federal and state net operating loss carry forwards begin to expire in 2019 and 2013 respectively, if unused. At December 31, 2013, we had federal and state tax credit carry forwards of approximately $4,059,910 and $4,015,837, respectively, after reduction for uncertain tax positions. The federal credits will begin to expire in 2018, if unused, and the state credits carry forward indefinitely. In addition, we had a foreign tax loss carry forward of $987,000 in Japan, $1,234,000 in Switzerland, and $98,000 in India. Our Italian subsidiary was dissolved during 2012 and we no longer maintain Italian tax loss carry forwards associated with such entity.

Pursuant to the Internal Revenue Code (“IRC”) of 1986, as amended, specifically IRC §382 and IRC §383, our ability to use net operating loss and R&D tax credit carry forwards (“tax attribute carry forwards”) to offset future taxable income is limited if we experience a cumulative change in ownership of more than 50% within a three-year testing period. We have not completed an ownership change analysis pursuant to IRC Section 382 for taxable years ended after December 31, 2007. If ownership changes within the meaning of IRC Section 382 are identified as having occurred subsequent to 2007, the amount of remaining tax attribute carry forwards available to offset future taxable income and income tax expense in future years may be significantly restricted or eliminated. Further, our deferred tax assets associated with such tax attributes could be significantly reduced upon realization of an ownership change within the meaning of IRC §382.

We recognize tax benefits associated with the exercise of stock options directly to stockholders’ equity only when realized. Accordingly, deferred tax assets are not recognized for net operating loss carry forwards resulting from windfall tax benefits. At December 31, 2013, deferred tax assets do not include $1,261,000 of excess tax benefits from stock-based compensation.

We changed our accounting method of accounting for uncertain tax positions on January 1, 2007. We had no unrecognized tax benefits as of the date of adoption.

Following is a tabular reconciliation of the unrecognized tax benefits activity during the years ended December 31, 2013, 2012 and 2011:

	2013		2012		2011
Unrecognized Tax Benefits – Beginning	$	1,394,000	$	1,304,000	$	1,166,000
Gross increases – tax positions in prior period		69,000		—		—
Gross decreases – tax positions in prior period		—		—		—
Gross increase – current-period tax positions		260,000		90,000		138,000
Settlements		—		—		—
Lapse of statute of limitations		—		—		—
Unrecognized Tax Benefits – Ending	$	1,723,000	$	1,394,000	$	1,304,000

The unrecognized tax benefit amounts are reflected in the determination of the Company’s deferred tax assets. If recognized, none of these amounts would affect the Company’s effective tax rate, since it would be offset by an equal reduction in the deferred tax asset valuation allowance. The Company does not foresee material changes to its liability for uncertain tax benefits within the next twelve months.

The Company did not recognize interest related to unrecognized tax benefits in interest expense and penalties in operating expenses as of December 31, 2013.

The Company’s material tax jurisdictions are United States and California. To our knowledge, the Company is currently not under examination by the Internal Revenue Service or any other taxing authority.

The Company’s tax years for 1999 and forward can be subject to examination by the United States and California tax authorities due to the carry forward of net operating losses and research development credits.