Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes


For the year ended December 31, 2013, the Company recorded an income tax provision of $0.2 million, which was related to state minimum taxes. For the years ended December 31, 2012 and 2011, the Company did not record an income tax provision due to net operating losses and the inability to record an income tax benefit.

A reconciliation of income taxes at the statutory federal income tax rate to net income taxes included in the accompanying statements of operations is as follows (in thousands):


     2013     2012     2011  

U.S. federal taxes (benefit) at statutory rate

   $ (9,592 )   $ (24,186 )   $ (8,722 )

State federal income tax benefit

     (1,794 )     (1,160 )     (1,995 )

Unutilized (utilized) net operating losses

     9,747       7,455       11,731  

Stock-based compensation

     486       288       223  

Research and development credits

     (1,416 )     —          (885 )

Tax assets not benefited

     1,926       143       1,105  

Nondeductible warrant expense

     790       17,414       (1,482 )


     55       46       25  











   $ 202     $ —       $ —    










The tax effects of temporary differences that give rise to significant components of the net deferred tax assets are as follows (in thousands):


     December 31,  
     2013     2012  

Capitalized start-up costs

   $ 179     $ 209  

Net operating loss carryforwards

     31,988       44,769  

Research and development credits

     5,427       3,513  

Deferred stock compensation

     3,327       2,115  

Deferred revenue

     21,151        —     

Other (accruals, reserves, depreciation)

     1,069       958  







Total deferred tax assets

     63,141       51,564  

Less: Valuation allowance

     (63,141 )     (51,564 )






   $ —       $ —    







At December 31, 2013, the Company had federal and state net operating loss carryforwards of approximately $81 million and $78 million, respectively, available to offset future taxable income. The Company’s federal and state net operating loss carryforwards will begin to expire in 2021 and 2015, respectively, if not used before such time to offset future taxable income or tax liabilities. For federal and state income tax purposes, a portion of the Company’s net operating loss carryforward is subject to certain limitations on annual utilization in case of changes in ownership, as defined by federal and state tax laws. The annual limitation may result in the expiration of the net operating loss before utilization.

The net operating loss deferred tax asset balance as of December 31, 2013 includes $0.4 million of excess tax benefits from stock option exercises. Stockholders’ equity (deficit) will be credited if and when such excess tax benefits are ultimately realized.

At December 31, 2013, the Company had federal research and development tax credits of approximately $3.2 million, which expire in the year beginning 2022, and state research and development tax credits of approximately $4.3 million, which have no expiration date.

The Company has established a valuation allowance against its deferred tax assets due to the uncertainty surrounding the realization of such assets. The valuation allowance increased by $11.6 million, $7.8 million and by $11.6 million for the years ended December 31, 2013, 2012 and 2011, respectively.

The Company adopted ASC Topic 740-10-50 “Accounting for Uncertainty of Income Taxes” (“ASC Topic 740-10-50”), on January 1, 2007. The Company does not believe that its unrecognized tax benefits will change over the next twelve months.

The following table summarizes the activity related to our gross unrecognized tax benefits:


(in thousands)

   2013      2012  

Gross unrecognized tax benefits at January 1,

   $ 1,100      $ 1,100  

Gross increases (decreases) related to prior year tax positions

     —           —     

Gross increases (decreases) related to current year tax positions

     —           —     


     —           —     

Expiration of the statute of limitations for the assessment of taxes

     —           —     







Gross unrecognized tax benefits at December 31,

   $ 1,100      $ 1,100  







The Company’s practice is to recognize interest and/or penalties related to income tax matters in income tax expense. As of December 31, 2013 and 2012, the Company had no accrued interest or penalties due to the Company’s net operating losses available to offset any tax adjustment. The Company currently has no federal or state tax examinations in progress nor has it had any federal or state tax examinations since its inception. As a result of the Company’s net operating loss carryforwards, all of its tax years are subject to federal and state tax examination.