Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Mar. 31, 2012
Income Taxes  
Income Taxes

7. Income Taxes

        ASC 740, Income Taxes clarifies the accounting for income taxes by prescribing a minimum recognition threshold that a tax position is required to meet before being recognized in the financial statements. ASC 740 also provides guidance on derecognition, measurement, classification, interest and penalties, accounting in interim periods, disclosure and transition. Based on management's evaluation, the total amount of unrecognized tax benefits related to research and development credits as of March 31, 2012 and 2011 was $2.1 million and $2.0 million, respectively. There were no interest or penalties related to unrecognized tax benefits as of March 31, 2012 or March 31, 2011. The amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate as of March 31, 2012 and March 31, 2011 was $2.1 million and $2.0 million, respectively. However, this impact would be offset by an equal increase in the deferred tax valuation allowance as the Company has recorded a full valuation allowance against its deferred tax assets because of uncertainty as to future realization. The fully reserved recognized federal and state deferred tax assets related to research and development credits balance as of March 31, 2012 and 2011 was $9.1 million and $9.0 million, and $7.9 million and $7.6 million, respectively.

        A reconciliation of the beginning and ending amount of total gross unrecognized tax benefits is as follows (in thousands):

Balance at March 31, 2009

  $ 1,375  

Gross increase related to prior year tax positions


Gross increase related to current year tax positions


Lapse of statute of limitations


Balance at March 31, 2010

  $ 1,806  

Gross increase related to prior year tax positions


Gross increase related to current year tax positions


Lapse of statute of limitations


Balance at March 31, 2011

  $ 1,973  

Gross increase related to prior year tax positions


Gross increase related to current year tax positions


Lapse of statute of limitations


Balance at March 31, 2012

  $ 2,148  

        The Company files income tax returns in the U.S. federal jurisdiction and various state, local and foreign jurisdictions. With few exceptions, the Company is no longer subject to U.S. federal, state, local or non-U.S. income tax examinations by tax authorities for the years before 2008. However, net operating loss carryforwards remain subject to examination to the extent they are carried forward and impact a year that is open to examination by tax authorities. The Company's evaluation was performed for the tax years which remain subject to examination by major tax jurisdictions as of March 31, 2012. The Company settled its Internal Revenue Service audit of its U.S. federal tax return for the fiscal year ended March 31, 2010 during the third quarter of the fiscal year ended March 31, 2012, with no findings that resulted in a change to the Company's financial statements. When applicable, the Company accounts for interest and penalties generated by tax contingencies as interest and other expense, net in the statements of operations.

        The Company's deferred tax assets and liabilities consisted of the following at March 31, 2012 and 2011:

  2012   2011  
  (In thousands)

Deferred tax assets:



  $ 1,492   $ 1,213  

Warranty reserve

    597     427  

Deferred revenue

    466     326  

Net operating loss ("NOL") carryforwards

    215,545     212,705  

Tax credit carryforwards

    17,013     16,573  

Depreciation, amortization and impairment loss

    4,252     3,945  


    5,434     4,505  

Deferred tax assets

    244,799     239,694  

Valuation allowance for deferred tax assets

    (234,432 )   (231,009 )

Deferred tax assets, net of valuation allowance

    10,367     8,685  

Deferred tax liabilities:


Federal benefit of state taxes

    (10,367 )   (8,685 )

Net deferred tax assets

  $   $  

        Because of the uncertainty surrounding the timing of realizing the benefits of favorable tax attributes in future income tax returns, the Company has placed a valuation allowance against its deferred income tax assets. The change in valuation allowance for Fiscal 2012, 2011 and 2010 was $3.4 million, $4.3 million and $28.8 million, respectively.

        The Company's NOL and tax credit carryforwards for federal and state income tax purposes at March 31, 2012 were as follows (in thousands):

  Amount   Expiration
  (In thousands)

Federal NOL

  $ 572,543   2018 - 2032

State NOL

  $ 236,198   2018 - 2032

Federal tax credit carryforwards

  $ 9,109   2018 - 2032

State tax credit carryforwards

  $ 7,904   Indefinite

        The NOLs and federal and state tax credits can be carried forward to offset future taxable income, if any. Utilization of the net operating losses and tax credits are subject to an annual limitation of approximately $57.3 million due to the ownership change limitations provided by the Internal Revenue Code of 1986 and similar state provisions. The federal tax credit carryforward is a research and development credit, which may be carried forward. The state tax credits consist of a research and development credit can be carried forward indefinitely.

        Tax benefits arising from the disposition of certain shares issued upon exercise of stock options within two years of the date of grant or within one year of the date of exercise by the option holder ("Disqualifying Dispositions") provide the Company with a tax deduction equal to the difference between the exercise price and the fair market value of the stock on the date of exercise. Approximately $27.7 million of the Company's federal and state NOL carryforwards as of March 31, 2012 were generated by Disqualifying Dispositions of stock options and exercises of nonqualified stock options. Upon realization, if any, tax benefits of approximately $10.5 million associated with these stock options would be excluded from the provision for income taxes and credited directly to additional paid-in-capital.

        A reconciliation of income tax (benefit) expense to the federal statutory rate follows:

  Year Ended March 31,  
  2012   2011   2010  
  (In thousands)

Federal income tax at the statutory rate

  $ (6,317 ) $ (12,997 ) $ (22,883 )

State taxes, net of federal effect

    (727 )   (1,390 )   (2,749 )

Foreign taxes

    313     461     322  

R&D tax credit

    (455 )   (367 )   (4,037 )

Impact of state rate change

    (693 )   1,541      

Warrant liability

    (5,301 )   9,981      

Expiring NOL

    9,765     6,278      

Valuation allowance

    3,423     (4,343 )   28,817  


    178     1,076     471  

Income tax expense (benefit)

  $ 186   $ 240   $ (59 )