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SCOR » Topics » Our net operating loss carryforwards may expire unutilized or underutilized, which could prevent us from offsetting future taxable income.This excerpt taken from the SCOR 10-K filed Mar 16, 2009. Our
net operating loss carryforwards may expire unutilized or
underutilized, which could prevent us from offsetting future
taxable income.
We have experienced changes in control that have
triggered the limitations of Section 382 of the Internal Revenue
Code on our net operating loss carryforwards. As a result, we
may be limited in the portion of net operating loss
carryforwards that we can use in the future to offset taxable
income for U.S. Federal income tax purposes.
As of December 31, 2008, we had federal and state net
operating loss carryforwards for tax purposes of approximately
$64.6 million and $34.7 million, respectively. These
net operating loss carryforwards begin to expire in 2021 for
federal income tax reporting purposes and begin to expire in
2014 for state income tax reporting purposes.
In addition, at December 31, 2008 we had aggregate net
operating loss carryforwards for tax purposes related to our
foreign subsidiaries of $9.7 million, which begin to expire
in 2014.
We periodically assess the likelihood that we will be able to
recover our deferred tax assets, principally net operating loss
carryforwards. We consider all available evidence, both positive
and negative, including historical levels of income,
expectations and risks associated with estimates of future
taxable income and ongoing prudent and feasible tax planning
strategies. As a result of this analysis of all available
evidence, both positive and negative, we reduced the valuation
allowance against a substantial portion of our U.S. deferred tax
assets and certain foreign deferred tax assets and recognized an
income tax benefit during the year ended December 31, 2008
of $20.4 million.
As of December 31, 2008, we had a valuation allowance of
$2.8 million against certain deferred tax assets. The
valuation allowance relates to the acquired deferred tax assets
of the M:Metrics UK subsidiary and the deferred tax asset
related to the unrealized impairment on the marketable
securities in the U.S. Depending on our actual results in the
future, there may be sufficient positive evidence to support the
conclusion that all or a portion of our
remaining valuation allowance should be further reduced. To the
extent we determine that all or a portion of our valuation
allowance is no longer necessary, we expect to recognize an
income tax benefit in the period such determination is made for
the reversal of the valuation allowance. These events could have
a material impact on our reported results of operations.
During 2009, we expect to reduce our net deferred tax asset each
quarter and recognize deferred income tax expense that, when
combined with our current income tax expense for cash taxes due,
will result in a normalized effective tax rate.
However, to the extent we realize losses in jurisdictions in
which we cannot record an income tax benefit due to concern
regarding the realization of the associated deferred tax asset,
our effective tax rate will be negatively impacted.
This excerpt taken from the SCOR 10-K filed Mar 11, 2008. Our
net operating loss carryforwards may expire unutilized or
underutilized, which could prevent us from offsetting future
taxable income.
We have experienced changes in control that have
triggered the limitations of Section 382 of the Internal
Revenue Code on our net operating loss carryforwards. As a
result, we may be limited in the portion of net operating loss
carryforwards that we can use in the future to offset taxable
income for U.S. Federal income tax purposes.
Table of Contents
As of December 31, 2007, we had both federal and state net
operating loss carryforwards for tax purposes of approximately
$67.8 million and $48.1 million, respectively. These
net operating loss carryforwards begin to expire in 2020 for
federal income tax reporting purposes and begin to expire in
2010 for state income tax reporting purposes.
In addition, at December 31, 2007 we had aggregate net
operating loss carryforwards for tax purposes related to our
foreign subsidiaries of $561,000, which begin to expire in 2010.
In the years ended December 31, 2006 and 2007, deferred tax
assets, before valuation allowance, decreased approximately
$2.4 million and $4.4 million, respectively, due to
our use of net operating loss carryforwards to offset taxable
income.
As of December 31, 2007, we had a valuation allowance of
$21.3 million against certain deferred tax assets, which
consisted principally of net operating loss carryforwards. We
have continued to evaluate our valuation allowance position on a
regular basis. After weighing both the positive and negative
evidence, management believed that it was more likely than not
that a portion of its deferred tax assets will be realized.
Therefore, during 2007, we recognized a deferred tax asset of
approximately $8.1 million based on our projected pre-tax income
for 2008. If we determine that future reversals of our valuation
allowance are appropriate, it may have a material impact on our
results of operations.
During 2008, it is expected that the deferred tax asset
recognized in 2007 will decrease each quarter as the net
deferred tax asset is utilized. Therefore, we expect that we
will have a normalized effective tax rate in the
interim periods in 2008 for GAAP reporting purposes, with no tax
impact on operating and free cashflow. On a quarterly basis
throughout 2008, we will re-evaluate the realizability of our
deferred tax assets for any material events. We will also
consider the impact of full-year 2008 operating results,
additional evidence concerning the predictability of our revenue
streams and forecasts of future income.
We periodically assess the likelihood that we will be able to
recover our deferred tax assets. We consider all available
evidence, both positive and negative, including historical
levels of income, expectations and risks associated with
estimates of future taxable income and ongoing prudent and
feasible profits. As a result of this analysis of all available
evidence, both positive and negative, we concluded that a full
valuation allowance against deferred tax assets should be
applied as of December 31, 2006. Depending on our actual
results in the future, there may be sufficient positive evidence
to support the conclusion that all or a portion of our valuation
allowance should be further reduced. To the extent we determine
that all or a portion of our valuation allowance is no longer
necessary, we will recognize an income tax benefit in the period
such determination is made for the reversal of the valuation
allowance. Once the valuation allowance is eliminated or
reduced, its reversal will no longer be available to offset our
current tax provision. These events could have a material impact
on our reported results of operations.
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