Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.6
Income Taxes
12 Months Ended
Jan. 31, 2013
Income Taxes  
Income Taxes

6. Income Taxes

        The provision for income tax expense consists of the following:

 
  Fiscal Year Ended January 31,  
 
  2011   2012   2013  
 
  (in thousands)
 

Current

                   

Federal

  $   $   $  

State and local

    134     75     (4 )

International

            9  
               

Total current income tax expense

    134     75     5  

Deferred

                   

Federal

  $ 244   $ (403 ) $ (10,098 )

State and local

    1,203     (1,457 )   (1,573 )

Valuation allowance

    (1,447 )   1,860     11,671  
               

Total deferred income tax expense

             
               

Total income tax expense

  $ 134   $ 75   $ 5  
               

        The income tax provision decreased by $70,000 from $75,000 to $5,000 as a result of changes in state tax statutes which resulted in lower tax obligations in some states.

        The following table presents a reconciliation of the statutory federal rate and the Company's effective tax rate for the periods presented.

 
  Fiscal Year Ended
January 31,
 
 
  2011   2012   2013  
 
  (in thousands)
 

U.S. federal taxes at statutory rate

    34 %   34 %   34 %

State taxes, net of federal benefit

    15          

Permanent differences

    (55 )   (24 )   (2 )

Foreign rate differential

            (2 )

Federal and state credits (net of reserve)

    7     2     2  

Change in valuation allowance

    86     (16 )   (30 )

Change in rate

    (93 )   1     (2 )

Other

    (2 )   3      
               

Effective tax rate

    (8 )%   0 %   0 %
               

        The major components of deferred tax assets and liabilities were as follows:

 
  As of January 31,  
 
  2012   2013  
 
  (in thousands)
 

Deferred tax assets:

             

Net operating loss carryforwards

  $ 31,314   $ 36,056  

Tax credit carryforwards

    1,881     3,027  

Allowances and other

    1,960     3,371  

Stock options

    859     4,313  

Depreciation and amortization

    297     257  
           

Total deferred tax assets

    36,311     47,024  

Deferred tax liabilities:

             

Depreciation and amortization

    (2,427 )   (1,469 )
           

Total deferred tax liabilities

    (2,427 )   (1,469 )

Valuation allowance

    (33,884 )   (45,555 )
           

Net deferred tax assets

  $   $  
           

        At January 31, 2013, the Company had federal net operating loss carryforwards of approximately $180.8 million and tax credit carryforwards of approximately $2.5 million. If realized, $92.0 million of the net operating loss carryforwards will be recognized as a benefit through additional paid in capital. The federal net operating losses and tax credits expire in years beginning in 2021. At January 31, 2013, the Company had state net operating loss carryforwards of approximately $203.8 million which expire in years beginning in 2014. In addition, the Company had state tax credit carryforwards of approximately $4.3 million that do not expire.

        Under Section 382 and 383 of the Internal Revenue Code of 1986, as amended, or the Code, if a corporation undergoes an "ownership change," the corporation's ability to use its pre-change net operating loss carryforwards and other pre-change tax attributes, such as research tax credits, to offset its post-change income may be limited. In general, an "ownership change" will occur if there is a cumulative change in our ownership by "5-percent shareholders" that exceeds 50 percentage points over a rolling three-year period. Similar rules may apply under state tax laws. Utilization of the Company's net operating loss and tax credit carryforwards may be subject to annual limitations due to ownership changes. Such annual limitations could result in the expiration of the Company's net operating loss and tax credit carryforwards before they are utilized.

        During the fiscal year ended January 31, 2013 the Company's valuation allowance increased by approximately $11.7 million. At January 31, 2012 and 2013, the Company maintained a full valuation allowance on its net deferred tax assets. The valuation allowance was determined in accordance with the provisions of ASC 740, Accounting for Income Taxes, which requires an assessment of both positive and negative evidence when determining whether it is more likely than not that deferred tax assets are recoverable. Such assessment is required on a jurisdiction by jurisdiction basis. The Company's history of cumulative losses, along with expected future U.S. losses required that a full valuation allowance be recorded against all net deferred tax assets. The Company intends to maintain a full valuation allowance on net deferred tax assets until sufficient positive evidence exists to support reversal of the valuation allowance.

        At January 31, 2013, unrecognized tax benefits of approximately $2.6 million, if recognized, would not affect the Company's effective tax rate as the tax benefit would increase a deferred tax asset which is currently offset with a full valuation allowance. The Company does not anticipate that the amount of existing unrecognized tax benefit will significantly increase or decrease within the next 12 months. Accrued interest and penalties related to unrecognized tax benefits are recorded as income tax expenses. The Company did not recognize any interest, penalties or tax benefits during the fiscal year ended January 31, 2013.

        The Company files income tax returns in the United States, California, other states and international jurisdictions. Tax years 2000 to 2012 remain subject to examination for U.S. federal, state and international purposes. All net operating losses and tax credits generated to date are subject to adjustment for U.S. federal and state purposes. The Company is not currently under examination in any federal, state or international jurisdictions.