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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 14—INCOME TAXES

 

(a) Composition of loss from continuing operations before income taxes is as follows:

 

   

Year ended

December 31,

 
    2018     2017  
Domestic   $ (2,087 )   $ (2,142 )
Foreign            
    $ (2,087 )   $ (2,142 )

 

Income tax expense consists of the following:

 

   

Year ended

December 31,

 
    2018     2017  
Current:                
Federal   $     $  
State and local            
Foreign           41  
            41  
Deferred:                
Federal            
State and local            
Foreign            
             
Total income tax expense   $     $ 41  

 

(b) Effective Income Tax Rates

 

Set forth below is a reconciliation between the federal tax rate and the Company’s effective income tax rates with respect to continuing operations:

 

   

Year ended

December 31,

 
    2018     2017  
Statutory Federal rates     21 %     34 %
Increase (decrease) in income tax rate resulting from:                
Tax on foreign activities           (2 )
Other, net (primarily permanent differences)           (1 )
Valuation allowance     (21 )%     (37 )
Effective income tax rates     %     (2 )%

 

(c) Analysis of Deferred Tax Assets and (Liabilities)

 

    As of December 31,  
    2018     2017  
Deferred tax assets (liabilities) consist of the following:                
Employee benefits and deferred compensation   $ 1,035     $ 1,089  
Investments and asset impairments     1,818       1,772  
Other temporary differences     (674 )     (686 )
Net operating loss and capital loss carryforwards     16,136       15,643  
      18,315       17,818  
Valuation allowance     (18,315 )     (17,818 )
Net deferred tax assets   $     $  

 

Valuation allowances relate principally to net operating loss carryforwards related to the Company’s consolidated tax losses as well as state tax losses related the Company’s OmniMetrix subsidiary and book-tax differences related asset impairments and stock compensation expense of the Company. During the year ended December 31, 2018, the valuation allowance increased by $497. The increase was primarily the result of the increase in the net operating loss.

 

(d) Summary of Tax Loss Carryforwards

 

As of December 31, 2018, the Company had various operating loss carryforwards expiring as follows:

 

Expiration   Federal     Capital Loss     State  
2023   $     $ 9,356     $  
2024 – 2031*     1,511              
2032 – 2037     58,549             14,898  
Unlimited     2,896             938  
Total   $ 62,956     $ 9,356     $ 15,836  

 

* The utilization of a portion of these net operating loss carryforwards is limited due to limits on utilizing net operating loss carryforwards under Internal Revenue Service regulations following a change in control.

 

(e) Taxation in the United States

 

The Tax Cuts and Jobs Act (the “Act”) was enacted on December 22, 2017. The Act reduces the U.S. federal corporate 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 and creates new taxes on certain foreign sourced earnings. The most significant impact of the legislation for the Company was a reduction of the value of the Company’s net deferred tax assets (which represent future tax benefits) as a result of lowering the U.S. corporate income tax rate from 35% to 21% (see Note 17(c) above). The Act also includes a requirement to pay a one-time transition tax (the “Transition Tax”) on the cumulative value of earnings and profits that were previously not repatriated for U.S. income tax purposes. The Company does not believe that it will be required to pay any Transition Tax on its previously unrepatriated earnings and profits of its previously consolidated foreign subsidiaries.

 

As a holding company without other business activity in Delaware, the Company is exempt from Delaware state income tax. Thus, the Company’s statutory income tax rate on domestic earnings is the federal rate of 21%.

 

(f) Uncertain Tax Positions (UTP)

 

As of December 31, 2018 and 2017, no interest or penalties were accrued on the balance sheet related to UTP.

 

During the years ending December 31, 2018 and 2017, the Company had no changes in unrecognized tax benefits or associated interest and penalties as a result of tax positions made during the current or prior periods with respect to its continuing or discontinued operations.

 

The Company is subject to U.S. Federal and state income tax. As of January 1, 2018, the Company is no longer subject to examination by U.S. Federal taxing authorities for years before 2015, for years before 2014 for state income taxes.