TiVo 2009 Annual Report Download - page 103
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Table of Contents
The total amount of unrecognized tax benefit, if recognized, that would effect the effective tax rate would be approximately $200,000 at January 31,
2010. The remaining unrecognized tax benefits at January 31, 2010 would not affect the Company's effective tax rate if recognized due to the Company's
deferred tax assets being fully offset by a valuation allowance. The Company does not expect that there will be a significant increase or decrease of the total
amount unrecognized tax benefits within the next 12 month.
The Company classifies interest and penalties related to uncertain tax positions in income tax expense, if applicable. The Company accrued
approximately $4,000 of interest or penalties related to unrecognized tax benefits recorded through January 31, 2010.
The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. The open tax
years for the major jurisdictions are as follows:
• Federal 2006 – 2010
• California 2005 – 2010
However, due to the fact the Company has net operating losses and credits carried forward in most jurisdictions, certain items attributable to technically
closed years are still subject to adjustment by the relevant taxing authority through an adjustment to tax attributes carried forward to open years.
19. NET INCOME (LOSS) PER COMMON SHARE
Basic net income (loss) per common share is computed by dividing net income (loss) by the weighted average number of common shares outstanding,
excluding unvested restricted stock.
The following table sets forth the computation of basic and diluted earnings per common share:
Twelve Months Ended January 31,
2010 2009 2008
(In thousands, except per share amounts)
Numerator:
Net income (loss) $ (23,916) $ 103,592 $ (31,591)
Denominator:
Weighted average shares outstanding, excluding unvested restricted stock 106,182 100,390 97,511
Weighted average effect of dilutive securities:
Stock options and restricted stock — 2,206 —
Denominator for diluted net income (loss) per common share 106,182 102,596 97,511
Basic net income (loss) per common share $ (0.23) $ 1.03 $ (0.32)
Diluted net income (loss) per common share $ (0.23) $ 1.01 $ (0.32)
The weighted average number of shares outstanding used in the computation of basic and diluted net loss in fiscal year 2010 and fiscal year 2008 per
share does not include the effect of the following potentially outstanding common stock. The effects of these potentially outstanding shares were not included
in the calculation of diluted net loss per share because the effect would have been anti-dilutive:
As of January 31,
2010 2009 2008
Unvested restricted stock 4,467,429 870,878 912,203
Options to purchase common stock 14,918,906 13,119,600 22,062,170
Potential shares to be issued from ESPP 487,600 — 199,234
Total 19,873,935 13,990,478 23,173,607
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