Annual report pursuant to Section 13 and 15(d)

Income taxes

v2.4.0.8
Income taxes
12 Months Ended
Jul. 31, 2014
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

Note 6 - Income taxes


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


    2014     2013     2012  
Current (provision) benefit:                        
Federal   $     $     $  
State and local     (68 )     (46 )     (49 )
Foreign     (22 )     (1 )     (61 )
Deferred benefit     18       759       1,762  
(Provision) benefit for income taxes   $ (72 )   $ 712     $ 1,652  

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:


    2014     2013  
Deferred tax assets:                
Federal tax carryforward losses   $ 35,352     $ 34,836  
Provision for uncollectible accounts receivable     753       920  
State and local tax carry forward losses     2,604       3,791  
Accrued royalties     144       143  
Stock compensation     190       317  
Depreciation     618       625  
Research and development and other tax credit carryforwards     1,085       1,013  
Foreign tax carryforward losses     1,207       772  
Intangibles     2,970       2,980  
Inventory     2,194       1,249  
Accrued expenses     3,103       1,622  
Other, net     15       19  
Deferred tax assets     50,235       48,287  
                 
Deferred tax liabilities:                
Deferred patent costs     (135 )     (132 )
Prepaid expenses     (671 )     (695 )
Unrealized foreign exchange     (118 )      
Other, net     (29 )     (37 )
Deferred tax liabilities     (953 )     (864 )
                 
Net deferred tax assets (liabilities) before valuation allowance     49,282       47,423  
Less: valuation allowance     (49,465 )     (47,623 )
Net deferred tax liabilities   $ (183 )   $ (200 )

At July 31, 2014, 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:


    2014     2013  
Deferred taxes:                
Current   $     $  
Non-current     183       200  
    $ 183     $ 200  

The Company recorded a valuation allowance during the year ended July 31, 2014 and 2013 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. The change in the valuation allowance was $1.8 million and $6.4 million for fiscal years 2014 and 2013, respectively.


As of July 31, 2014, the Company had U.S. federal net operating loss carryforwards of approximately $103.2 million. The U.S. federal tax loss carryforwards, if not fully utilized, expire between 2018 and 2034. 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 $1.0 million which expire between 2025 and 2034. As of July 31, 2014, the Company had foreign loss carryforwards of approximately $6.0 million.


The components of loss before income taxes consisted of the following for the years ended July 31:


    2014     2013     2012  
United States operations   $ (8,702 )   $ (15,419 )   $ (31,817 )
International operations     (1,203 )     (3,530 )     (9,104 )
Loss before taxes   $ (9,905 )   $ (18,949 )   $ (40,921 )

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:


    2014     2013     2012  
Federal statutory rate     34 %     34.0 %     34.0 %
Penalties and other expenses not deductible for income tax return purposes     (6.6 )     (0.9 )     (0.5 )
State income taxes, net of benefit of federal tax deduction     0.2       2.5       0.9  
Change in valuation allowance     (16.5 )     (32.7 )     (23.2 )
Impairment of goodwill                 (7.1
State tax law change     (12.3 )            
Other     0.5       0.9       (0.1 )
      (0.7 )%     3.8 %     4.0 %

U.S. federal income taxes have not been provided on approximately $304 of undistributed earnings at the Company’s foreign subsidiaries at July 31, 2014, because it is the Company’s intent to keep the earnings reinvested. As of July 31, 2014, 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, 2011 through 2013.