Annual report pursuant to Section 13 and 15(d)

Income Taxes

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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes
13. Income Taxes

 

As of December 31, 2011 and 2010, our deferred tax assets were approximately $37.7 million and $45.4 million, respectively. The components of our deferred tax assets are summarized as follows:

 

    As of December 31,  
    2011     2010  
Deferred tax assets:                
Net operating loss carryforwards   $ 29,701,483     $ 37,677,076  
R&D credit carryforwards     7,610,672       6,006,233  
Temporary differences     371,610       1,745,473  
Deferred tax assets before valuation allowance     37,683,765       45,428,782  
Valuation allowance     (37,683,765 )     (45,428,782 )
Net deferred tax assets   $     $  

  

Current accounting standards require a valuation allowance against deferred tax assets if, based on the weight of available evidence, it is more likely than not that some or all of the deferred tax assets may not be realized. Due to the uncertainty surrounding the realization of these deferred tax assets in future tax returns, all of the deferred tax assets have been fully offset by a valuation allowance at December 31, 2011 and 2010.

 

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryback and carryforward periods), projected future taxable income, and tax-planning strategies in making this assessment. Based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not that the Company will not realize the benefits of these deductible differences or tax carryforwards as of December 31, 2011.

 

As of December 31, 2011 and 2010, we had U.S. net operating loss carryforwards of approximately $74.1 million and $88.6 million, respectively. Of that amount, $9.1 million relates to stock-based compensation tax deductions in excess of book compensation expense (APIC NOLs) that will be credited to additional paid-in capital when such deductions reduce taxes payable as determined on a "with-and-without" basis. Accordingly, these APIC NOLs will reduce federal taxes payable if realized in future periods, but NOLs related to such benefits are not included in the table above.

 

At December 31, 2011 and 2010, we had U.S. R&D credit carryforwards of approximately $7.6 million and $6.0 million, respectively.  U.S. net operating loss carryforwards of $16.6 million and $9.5 million and R&D credit carryforwards of $346,000 and $156,000 expired during 2011 and 2010, respectively. The details of our U.S. net operating loss and R&D credit carryforward amounts and expiration dates are summarized as follows:

 

    As of December 31, 2011  
Expiration   U.S. Net
Operating
Loss
Carryforwards
    U.S. R&D
Credit
Carryforwards
 
2012   $ 20,797,107     $ 1,064,623  
2013     17,142,781       1,173,387  
2014           130,359  
2015           71,713  
2016           39,128  
2017     1,282,447       5,350  
2018     337,714       2,905  
2019     1,237,146       22,861  
2020     3,246,062       218,332  
2021     3,127,238       365,541  
2022     2,863,443       342,898  
2023     2,826,656       531,539  
2024     13,753,769       596,843  
2025     5,425,180       1,094,449  
2026     2,083,722       1,950,744  
Total carryforwards   $ 74,123,265     $ 7,610,672  

 

During the years ended December 31, 2011, 2010 and 2009, Cardiosonix recorded losses for financial reporting purposes of $19,000, $15,000 and $328,000, respectively. As of December 31, 2011 and 2010, Cardiosonix had tax loss carryforwards in Israel of approximately $7.6 million. Under current Israeli tax law, net operating loss carryforwards do not expire. Due to the uncertainty surrounding the realization of the related deferred tax assets in future tax returns, all of the deferred tax assets have been fully offset by a valuation allowance at December 31, 2011 and 2010.

 

Under Sections 382 and 383 of the IRC of 1986, as amended, the utilization of U.S. net operating loss and R&D tax credit carryforwards may be limited under the change in stock ownership rules of the IRC. During 2011, we analyzed past ownership changes as defined by Sections 382 and 383, which have occurred at various points in our history, and concluded that we are not currently subject to any Section 382 or 383 limitations. As such, we believe utilization of our net operating loss carryforwards and tax credit carryforwards will not be limited by changes in ownership.

 

Reconciliations between the statutory federal income tax rate and our effective tax rate for continuing operations are as follows:

 

    Years Ended December 31,  
    2011     2010     2009  
    Amount     %     Amount     %     Amount     %  
Benefit at statutory rate   $ (8,516,176 )     (34.0 )%   $ (19,122,958 )     (34.0 )%   $ (14,721,558 )     (34.0 )%
Adjustments to valuation allowance                 3,410,056       6.1 %     7,816,084       18.1 %
Loss on extinguishment of debt                 14,179,468       25.2 %     5,343,694       12.3 %
Permanent items and other     636,033       2.5 %     (601,469 )     (1.1 )%     306,167       0.7 %
Benefit per financial statements   $ (7,880,143 )           $ (2,134,903 )           $ (1,255,613 )