Note 9. Income Taxes
The provision (benefit) for income taxes attributable to income from operations includes the following (in thousands):
| | | For the Years Ended December 31, | |
| | | 2016 | | | 2015 | | | 2014 | |
Current provision (benefit) | | | | | | | | | |
Federal | | $ | 114 | | | $ | (902 | ) | | $ | (1,759 | ) |
State | | | 28 | | | | 54 | | | | (194 | ) |
Total current | | | 142 | | | | (848 | ) | | | (1,953 | ) |
| | | | | | | | | | | | | |
Deferred provision (benefit) | | | | | | | | | | | | |
Federal | | | 155 | | | | 4,333 | | | | (3,820 | ) |
State | | | 37 | | | | 780 | | | | (215 | ) |
Total deferred | | | 192 | | | | 5,113 | | | | (4,035 | ) |
Total provision (benefit) | | $ | 334 | | | $ | 4,265 | | | $ | (5,988 | ) |
The provision for income taxes related to operations varies from the amount determined by applying the federal income tax statutory rate to the income or loss before income taxes, exclusive of net income attributable to non-controlling interest. The reconciliation of these differences is as follows:
| | For the Years Ended December 31, |
| | 2016 | | 2015 | | 2014 |
Computed expected income tax provision | 34.0% | | 34.0% | | 35.0% |
State income taxes, net of federal income tax benefit | 0.8 | | 2.1 | | 2.5 |
Change in valuation allowance for deferred tax assets | (21.5) | | (61.3) | | 0.1 |
Cumulative deferred adjustments | (0.3) | | (0.1) | | (0.3) |
Provision to return adjustments | (0.4) | | 1.3 | | 1.1 |
Other permanent differences | (1.8) | | (1.1) | | (0.5) |
Dividend and accretion on preferred stock | (19.3) | | (11.3) | | (7.5) |
FIN 48 liability | 0.7 | | (0.8) | | (0.6) |
R&D credit | 3.3 | | 1.6 | | 3.0 |
Other | (0.4) | | (0.9) | | -- |
| | (4.9)% | | (36.5)% | | 32.8% |
The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at December 31, 2016 and 2015 are as follows (in thousands):
| | | December 31, | |
| | | 2016 | | | 2015 | |
Deferred tax assets: | | | | | | |
Accounts receivable, principally due to allowance for doubtful accounts | | $ | 161 | | | $ | 176 | |
Allowance for inventory obsolescence and amortization | | | 778 | | | | 623 | |
Accrued liabilities not currently deductible | | | 2,234 | | | | 2,218 | |
Accrued compensation | | | 1,006 | | | | 840 | |
Deferred rent | | | 7,682 | | | | 8,008 | |
Net operating loss carryforwards - federal | | | 1,301 | | | | 524 | |
Net operating loss carryforwards - state | | | 405 | | | | 344 | |
Federal tax credit | | | 533 | | | | 202 | |
Total gross deferred tax assets | | | 14,100 | | | | 12,935 | |
Less valuation allowance | | | (10,499 | ) | | | (9,027 | ) |
Total deferred tax assets, net of valuation allowance | | | 3,601 | | | | 3,908 | |
Deferred tax liabilities: | | | | | | | | |
Amortization and depreciation | | | (2,696 | ) | | | (3,307 | ) |
Unbilled accounts receivable, deferred for tax purposes | | | (787 | ) | | | (589 | ) |
Goodwill basis adjustment and amortization | | | (3,451 | ) | | | (3,199 | ) |
Telos ID basis difference | | | (58 | ) | | | (12 | ) |
Total deferred tax liabilities | | | (6,992 | ) | | | (7,107 | ) |
| | | | | | | | | |
Net deferred tax liabilities | | $ | (3,391 | ) | | $ | (3,199 | ) |
The components of the valuation allowance are as follows (in thousands):
| | | Balance Beginning of Period | | | Additions | | | Recoveries | | | Balance End of Period | |
| | | | | | | | | | | | | |
December 31, 2016 | | $ | 9,027 | | | $ | 1,472 | | | $ | -- | | | $ | 10,499 | |
December 31, 2015 | | $ | 1,868 | | | $ | 7,159 | | | $ | -- | | | $ | 9,027 | |
December 31, 2014 | | $ | 1,901 | | | $ | -- | | | $ | (33 | ) | | $ | 1,868 | |
We are required to establish a valuation allowance for deferred tax assets if, based on the weight of available evidence, it is more likely than not that some portion or all of the deferred tax assets will not be realized. Based on available evidence, realization of deferred tax assets is dependent upon the generation of future taxable income. We considered projected future taxable income, tax planning strategies, and reversal of taxable temporary differences in making this assessment. As such, we have determined that a full valuation allowance is required as of December 31, 2016 and 2015. We are not able to use temporary taxable differences related to goodwill, as a source of future taxable income. As a result of a full valuation allowance against our deferred tax assets, a deferred tax liability (hanging credit) related to goodwill remains on our consolidated balance sheet at December 31, 2016 and 2015.
At December 31, 2016, for federal income tax purposes there was approximately $3.8 million net operating loss available to be carried forward to offset future taxable income. These net operating loss carryforwards expire in 2036. Additionally, approximately $3.8 million of alternative minimum tax net operating loss carryforwards are available to offset future alternative minimum taxable income. These alternative minimum tax net operating loss carryforwards also expire in 2036. In addition, there was approximately $60,000 of alternative minimum tax credit available to be carried forward indefinitely to reduce future regular tax liabilities.
Under the provisions of ASC 740-10, we determined that there were approximately $762,000 and $803,000 of unrecognized tax benefits, including $233,000 and $210,000 of related interest and penalties, required to be recorded in other liabilities as of December 31, 2016 and 2015, respectively. We believe that the total amounts of unrecognized tax benefits will not significantly increase or decrease within the next 12 months. The period for which tax years are open, 2013 to 2016, has not been extended beyond the applicable statute of limitations.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
| | | 2016 | | | 2015 | | | 2014 | |
Unrecognized tax benefits, beginning of period | | $ | 803 | | | $ | 708 | | | $ | 607 | |
Gross (decreases) increases—tax positions in prior period | | | (66 | ) | | | 92 | | | | 105 | |
Gross increases—tax positions in current period | | | 46 | | | | 38 | | | | 47 | |
Settlements | | | (21 | ) | | | (35 | ) | | | (51 | ) |
Unrecognized tax benefits, end of period | | $ | 762 | | | $ | 803 | | | $ | 708 | |