Annual report pursuant to Section 13 and 15(d)

Income taxes

v2.4.0.8
Income taxes
12 Months Ended
Jul. 31, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

Note 6 - Income taxes


The benefit (provision) for income taxes for fiscal years ended July 31 is as follows:


    2013     2012     2011  
Current (provision) benefit:                        
Federal   $     $     $ 8  
State and local     (46 )     (49 )     (161 )
Foreign     (1 )     (61 )     33  
Deferred benefit (provision)     759       1,762       (17 )
Benefit (provision) for income taxes   $ 712     $ 1,652     $ (137 )

Deferred tax assets and liabilities arise from temporary differences between the tax basis of assets and liabilities and their reported amounts in the financial statements. The components of deferred tax assets (liabilities) as of July 31 are as follows:


    2013     2012  
Deferred tax assets:                
Federal tax carryforward losses   $ 34,836     $ 29,531  
Provision for uncollectible accounts receivable     920       1,263  
State and local tax carry forward losses     3,791       2,914  
Accrued royalties     143       143  
Stock compensation     317       450  
Depreciation     625       445  
Research and development and other tax credit carryforwards     1,013       795  
Foreign tax carryforward losses     772       108  
Intangibles     2,980       2,903  
Inventory     1,249       1,630  
Accrued expenses     1,622       909  
Other, net     19       15  
Deferred tax assets     48,287       41,106  
                 
Deferred tax liabilities:                
Deferred patent costs     (132 )     (139 )
Prepaid expenses     (695 )     (613 )
Other, net     (37 )     (31 )
Deferred tax liabilities     (864 )     (783 )
                 
Net deferred tax assets (liabilities) before valuation allowance     47,423       40,323  
Less: valuation allowance     (47,623 )     (41,261 )
Net deferred tax liabilities   $ (200 )   $ (938 )

At July 31, 2013, the Company had net deferred tax liabilities of approximately $0.2 million which consists primarily of identifiable intangible assets and cumulative tax deductions in excess of book expenses recognized by foreign subsidiaries.


Net deferred tax liabilities are included in the consolidated balance sheets as of July 31 as follows:


    2013     2012  
Deferred taxes:                
Current   $     $  
Non-current     200       938  
    $ 200     $ 938  

The Company recorded a valuation allowance during the year ended July 31, 2013 and 2012 equal to domestic and certain foreign net deferred tax assets. The Company believes that the valuation allowance is necessary as it is not more likely than not that the deferred tax assets will be realized in the foreseeable future based on positive and negative evidence available at this time. This conclusion was reached because of uncertainties relating to future taxable income, in terms of both its timing and its sufficiency, which would enable the Company to realize the deferred tax assets.


As of July 31, 2013, the Company had U.S. federal net operating loss carryforwards of approximately $102.5 million. The U.S. federal tax loss carryforwards, if not fully utilized, expire between 2018 and 2033. Utilization is dependent on generating sufficient taxable income prior to expiration of the tax loss carryforwards. In addition, the Company has research and development tax credit carryforwards of approximately $0.9 million which expire between 2025 and 2033. As of July 31, 2013, the Company had foreign loss carryforwards of approximately $3.7 million.


As a result of certain acquisitions approximately $0.7 million of the Company’s U.S. federal net operating loss carryforwards are subject to an annual limitation under Internal Revenue Code Section 382 due to the ownership change. However, management does not believe that such a change would have a significant impact on the Company’s ability to utilize its tax loss carryforwards. The components of loss before income taxes consisted of the following for the years ended July 31:


    2013     2012     2011  
United States operations   $ (15,419 )   $ (31,817 )   $ (12,284 )
International operations     (3,530 )     (9,104 )     (539 )
Loss before taxes   $ (18,949 )   $ (40,921 )   $ (12,823 )

The benefit (provision) for income taxes were at rates different from U.S. federal statutory rates for the following reasons for the years ended July 31:


    2013     2012     2011  
Federal statutory rate     34.0 %     34.0 %     34.0 %
Expenses not deductible for income tax return purposes     (0.9 )     (0.5 )     (2.3 )
State income taxes, net of benefit of federal tax deduction     2.5       0.9       1.0  
Change in valuation allowance     (32.7 )     (23.2 )     (34.6 )
Impairment of goodwill           (7.1 )      
Reversal of tax reserve                 0.1  
Other     0.9       (0.1 )     0.7  
      3.8 %     4.0 %     (1.1 )%

U.S. federal income taxes have not been provided on approximately $252 of undistributed earnings at the Company’s foreign subsidiaries at July 31, 2013, because it is the Company’s intent to keep the earnings reinvested. As of July 31, 2013, the Company has 0 liabilities for uncertain tax positions. It is the Company’s policy to record interest and penalties as a component of tax expense. The Company files income tax returns in the U.S. Federal jurisdiction, various U.S. state jurisdictions and several foreign jurisdictions. With few exceptions, the years that remain subject to examination are years July 31, 2010 through 2012.