11. Income taxes

The income taxes by jurisdiction consist of the following for the years ended December 31:

	2012			2011			2010

U.S. federal:
Current	$	1,651		$	1,971		$	214
Deferred		1,189			2,261			(10,360	)

Total U.S. federal	$	2,840		$	4,232		$	(10,146	)

U.S. state and local:
Current	$	327		$	1,092		$	1,193
Deferred		(202	)		(1,260	)		50

Total U.S. state and local	$	125		$	(168	)	$	1,243

Income taxes differ from the amounts computed by applying the U.S. federal income tax rate to pretax income before income taxes as a result of the following for the years ended December 31:



Federal statutory rate	34.0	%	34.0	%	34.0	%
State and local	1.1		(0.7	)	16.7
Stock options	(2.6	)	1.9		4.0
Non-controlling interests	(2.2	)	(2.0	)	(2.6	)
Valuation allowance	—		—		(172.9	)
Other	(3.3	)	3.8		(2.6	)

Income taxes	27.0	%	37.0	%	(123.4	)%

In 2010, we established a foreign subsidiary in the United Kingdom, which has generated losses resulting in a $318 deferred tax asset with a corresponding valuation allowance as of December 31, 2012.

Deferred income tax reflects the tax effects of temporary differences that gave rise to significant portions of our deferred tax assets and liabilities and consisted of the following at December 31:

	2012			2011

Deferred tax assets:
Net operating loss carryforwards	$	1,917		$	3,735
Outside basis differences for U.S. partnerships		3,289			3,524
Stock options		2,086			1,397
Deferred revenue		873			1,014
Deferred compensation		340			407
State taxes		5			—
Other		347			455
Valuation allowance		(1,669	)		(1,822	)

Net deferred tax assets		7,188			8,710
Deferred tax liabilities:
Intangible assets		(1,539	)		(1,202	)
State taxes		—			(926	)
Property and equipment		(189	)		(133	)

Net deferred tax liabilities		(1,728	)		(2,261	)

Net deferred taxes	$	5,460		$	6,449

In assessing the realizability of deferred tax assets, we consider whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. As of December 31, 2012 and 2011, we had federal net operating loss carryforwards of approximately $15,283 and $7,979, respectively, state net operating loss carryforwards of approximately $29,955 and $27,900, respectively, and foreign net operating loss carryforwards of $1,588 and $1,334, respectively. The federal net operating loss carryforwards will begin to expire in 2025, and our foreign net operating loss carryforwards have an indefinite life. Our state net operating loss carryforwards are principally related to California net operating losses and will begin to expire in 2014. Our ability to utilize certain of our net operating loss carryforwards may be limited in the event that a change in ownership, as defined in the Internal Revenue Code, occurs in the future.

During the year ended December 31, 2010, we recorded a $12,280 release to the valuation allowance on our U.S. federal net deferred tax assets due to changes in our expectations regarding our ability to realize these deferred tax assets. This resulted from a determination that it was more likely than not that the U.S. federal net deferred tax assets would be realized. During the year ended December 31, 2011, we recorded a $1,287 release to the valuation allowance on our state net deferred tax assets, due to changes in our expectations regarding our ability to realize these deferred tax assets. This resulted from a determination that it was more likely than not that the certain state net deferred tax assets would be realized. The remaining valuation allowance primarily relates to the deferred tax assets for state net operating losses that the Company believes is not more likely than not to be realized before expiration. In reaching the determination of the valuation allowance, we have evaluated all significant available positive and negative evidence including, but not limited to, our three year cumulative results, trends in our business, expected future results and the character, amount and expiration periods of our net deferred tax assets. The underlying assumptions we used in forecasting future income required significant judgment and took into account our recent performance.

The following table sets forth the changes in the valuation allowance, for all periods presented:

	Valuation Allowance

Balance, December 31, 2009	$	14,989
Additions charged to operations		400
Decrease credited to operations		(12,280	)

Balance, December 31, 2010		3,109
Decrease credited to operations		(1,287	)

Balance, December 31, 2011		1,822
Additions charged to operations		51
Decrease credited to operations		(204	)

Balance, December 31, 2012	$	1,669

During 2012 and 2011, we realized excess windfall tax benefits of approximately $2,190 and $246, respectively, from stock option exercises. These benefits decreased income taxes payable and were recorded as an increase to additional paid-in capital in the accompanying consolidated balance sheets as of December 31, 2012 and 2011. In accordance with the reporting requirements under ASC 718, we did not include approximately $5,146 of excess windfall tax benefits resulting from stock option exercises as components of our gross deferred tax assets and corresponding valuation allowance disclosures, as tax attributes related to those windfall tax benefits should not be recognized until they result in a reduction of taxes payable. The tax effected amount of gross unrealized net operating loss carryforwards excluded under ASC 718 was approximately $5,146 at December 31, 2012. When realized, those excess windfall tax benefits are credited to additional paid-in capital.

We recognized interest and penalties related to income tax matters in income taxes which were not material during the years ended December 31, 2012, 2011, and 2010.

We identify, evaluate and measure all uncertain tax positions taken or to be taken on tax returns and record liabilities for the amount of these positions that may not be sustained, or may only partially be sustained, upon examination by the relevant taxing authorities. Although we believe that our estimates and judgments were reasonable, actual results may differ from these estimates. Some or all of these judgments are subject to review by the taxing authorities. As of December 31, 2012 and 2011, we had $392 in uncertain tax positions, $106 of which is a reduction to deferred tax assets, which is presented net of uncertain tax positions, in the accompanying consolidated balance sheets. The following table sets for the changes in uncertain tax positions:

	Uncertain Tax Positions

Balance, December 31, 2010	$	106
Additions for current period tax positions		286

Balance, December 31, 2011 and 2012	$	392

Our annual income taxes and the determination of the resulting deferred tax assets and liabilities involve a significant amount of judgment. Our judgments, assumptions and estimates relative to current income taxes take into account current tax laws, their interpretation of current tax laws and possible outcomes of current and future audits conducted by foreign and domestic tax authorities. We operate within federal, state and international taxing jurisdictions and are subject to audit in these jurisdictions. These audits can involve complex issues which may require an extended period of time to resolve. We are subject to taxation in the United States and in various states. Our tax years 2009 and forward are subject to examination by the IRS and our tax years 2007 and forward are subject to examination by material state jurisdictions. However, due to prior year loss carryovers, the IRS and state tax authorities may examine any tax years for which the carryovers are used to offset future taxable income.

We accrue interest and penalties related to unrecognized tax benefits as a component of income taxes. As of December 31, 2012, 2011 and 2010, accrued interest or penalties was not significant.