Annual report pursuant to Section 13 and 15(d)

NOTE 14 - Income Taxes

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NOTE 14 - Income Taxes
 12 Months Ended
Mar. 31, 2012
Income Tax Disclosure [Text Block]
NOTE 14 — Income Taxes

The Company has the following net deferred tax assets (in thousands):

   
March 31,
 
   
2012
   
2011
 
Deferred tax assets:
           
Net operating loss carryforwards
 
$
34,966
   
$
34,532
 
Research and development tax credit carryforwards
   
1,470
     
1,187
 
Stock-based compensation
   
3,319
     
2,451
 
Reserves and accruals
   
1,511
     
2,044
 
Other deferred tax assets
   
27
     
23
 
Basis difference in assets
   
24
     
—
 
Total deferred tax assets
 
$
41,317
   
$
40,237
 
Deferred tax liabilities:
               
Basis difference in assets
   
—
     
(19
)
Net deferred tax asset
   
41,317
     
40,218
 
Valuation allowance
   
(41,317
)
   
(40,218
)
Net deferred tax asset
 
$
—
   
$
—
 

The Company’s recorded income tax benefit, net of the change in the valuation allowance, for each of the periods presented is as follows:

   
Years Ended March 31,
 
   
2012
   
2011
 
Income tax benefit
 
$
(1,099
)
 
$
(442
)
Change in valuation allowance
   
1,099
     
442
 
Net income tax benefit
 
$
—
   
$
—
 

A reconciliation of the statutory federal income tax rate to the Company’s effective tax rate is as follows:

   
Years Ended March 31,
 
   
2012
   
2011
 
Expected federal statutory rate
   
(34.0
)%
   
(34.0
)%
State income taxes, net of federal benefit
   
(4.8
)%
   
(2.8
)%
Research and development credit
   
(0.1
)%
   
(1.1
)%
Foreign earnings taxed at different rates
   
1.3
%
   
1.7
%
Recognition of change in estimate of state and foreign NOL carryforward benefits
 
0.0
%
   
0.0
%
Effect of  permanent differences
   
5.9
%
   
13.2
%
Impact of change in foreign rate on deferred and true-ups
   
17.5
%
   
9.0
%
Cancellation of stock options and true-ups
   
0.5
%
   
8.4
%
Other
   
(0.5
)%
   
0.0
%
     
(14.2
)%
   
(5.6
)%
Change in valuation allowance
   
14.2
%
   
5.6
%
Totals
   
 0.0
%
   
  0.0
%

The impact of change in foreign rate and true-ups is approximately 17% representing a reduction in foreign deferred tax assets.  The Company's net loss is comprised of a net loss of approximately $5,383,000 from domestic operations and approximately $1,946,000 from foreign operations. 

At March 31, 2012, the Company had net operating loss carryforwards for federal, state and foreign income tax purposes of approximately $79,150,000, $65,850,000 and $16,940,000, respectively.  The carryforwards expire at various time beginning March 31, 2012.  The Company also had, at March 31, 2012, federal and state research credit carryforwards of approximately $727,500 and $742,900, respectively.  The federal credits expire beginning in March 31, 2024 and the state credits do not expire.

The Company is not aware of any changes in ownership that would result in a change in control under Internal Revenue Code section 382. The Company, after considering all available evidence, fully reserved for these and its other deferred tax assets since it is more likely than not such benefits will not be realized in future periods. The Company has incurred losses for both financial reporting and income tax purposes for the year ended March 31, 2012.  Accordingly, the Company is continuing to fully reserve for its deferred tax assets. The Company will continue to evaluate its deferred tax assets to determine whether any changes in circumstances could affect the realization of their future benefit. If it is determined in future periods that portions of the Company’s deferred income tax assets satisfy the realization standards, the valuation allowance will be reduced accordingly.

As a result of certain realization requirements of ASC Topic 718, the table of deferred tax assets and liabilities shown above does not include certain deferred tax assets at March 31, 2012 that arose directly from tax deductions related to equity compensation in excess of compensation recognized for financial reporting purposes.  Equity will be increased by approximately $533,000 if and when such deferred tax assets are ultimately realized. 

The Company only recognizes tax benefits from an uncertain tax position if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such a position are measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon ultimate resolution. To date, the Company has not recognized such tax benefits in its financial statements.

The Company has identified its federal tax return and its state tax return in California as major tax jurisdictions. The Company also filed tax returns in foreign jurisdictions, principally Mexico and The Netherlands. The Company’s evaluation of uncertain tax matters was performed for tax years ended through March 31, 2012. Generally, the Company is subject to audit for the years ended March 31, 2011, 2010 and 2009 and may be subject to audit for amounts relating to net operating loss carryforwards generated in periods prior to March 31, 2009. The Company has elected to retain its existing accounting policy with respect to the treatment of interest and penalties attributable to income taxes, and continues to reflect interest and penalties attributable to income taxes, to the extent they arise, as a component of its income tax provision or benefit as well as its outstanding income tax assets and liabilities. The Company believes that its income tax positions and deductions would be sustained on audit and does not anticipate any adjustments, other than those identified above that would result in a material change to its financial position.

The Company does not have any tax positions for which it is reasonably possible the total amount of gross unrecognized tax benefits will increase or decrease within 12 months of March 31, 2012. The unrecognized tax benefits may increase or change during the next year for items that arise in the ordinary course of business.