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Income taxes
12 Months Ended
Dec. 31, 2012
Income taxes [Abstract]  
Income taxes
12.    Income taxes

Significant components of the provision for income taxes attributable to operations consist of the following:

 
 
Year ended December 31,
 
(in thousands)
 
2012
 
 
2011
 
 
2010
 
Current
 
 
 
 
 
 
Federal
 
$
11,481
 
 
$
(3,795
)
 
$
16,664
 
State
 
 
(1,045
)
 
 
(1,110
)
 
 
187
 
International
 
 
103
 
 
 
74
 
 
 
102
 
Total current
 
 
10,539
 
 
 
(4,831
)
 
 
16,953
 
Deferred
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 
 
3,758
 
 
 
19,055
 
 
 
10,003
 
State
 
 
(375
)
 
 
1,606
 
 
 
(774
)
Total deferred
 
 
3,383
 
 
 
20,661
 
 
 
9,229
 
Total provision for income taxes
 
$
13,922
 
 
$
15,830
 
 
$
26,182
 

The Company's net deferred tax asset consists of the following:

 
 
December 31,
 
(in thousands)
 
2012
 
 
2011
 
Net operating loss carryforward
 
$
26,102
 
 
$
28,621
 
Research and development carryforward
 
 
3,556
 
 
 
3,556
 
Stock compensation
 
 
5,289
 
 
 
3,666
 
Foreign deferrals
 
 
64,009
 
 
 
61,255
 
Deferred revenue
 
 
-
 
 
 
485
 
Other
 
 
9,005
 
 
 
9,596
 
Deferred tax asset
 
 
107,961
 
 
 
107,179
 
Fixed assets
 
 
(22,040
)
 
 
(21,760
)
Other
 
 
(6,158
)
 
 
(6,902
)
Deferred tax liability
 
 
(28,198
)
 
 
(28,662
)
Valuation allowance
 
 
(67,412
)
 
 
(62,783
)
Net deferred tax asset
 
$
12,351
 
 
$
15,734
 

The Company currently has approximately $43.9 million in net operating loss carryforwards along with $3.6 million in research and development tax credit carryforwards for U.S. federal tax purposes that will begin to expire in 2026 and 2023, respectively. The U.S. federal tax carryforwards are recorded with no valuation allowance. The Company has $200.5 million in state net operating loss carryforwards, primarily in Maryland, that will begin to expire in 2018. The Company has approximately $223.3 million in net operating losses from foreign jurisdictions that will have an indefinite life unless the foreign entities have a change in the nature or conduct of the business in the three years following a change in ownership. These foreign net operating losses are recorded with a valuation allowance. The use of any of these net operating loss and research and development tax credit carryforwards may be restricted due to changes in the Company's ownership.

   The provision for income taxes differs from the amount of taxes determined by applying the U.S. federal statutory rate to loss before provision for income taxes as a result of the following:

 
 
Year ended December 31,
 
(in thousands)
 
2012
 
 
2011
 
 
2010
 
US
 
$
52,391
 
 
$
66,756
 
 
$
111,775
 
International
 
 
(14,945
)
 
 
(27,907
)
 
 
(33,895
)
Earnings before taxes on income
 
 
37,446
 
 
 
38,849
 
 
 
77,880
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal tax at statutory rates
 
$
13,106
 
 
$
13,597
 
 
$
27,258
 
State taxes, net of federal benefit
 
 
(2,079
)
 
 
46
 
 
 
666
 
Impact of foreign operations
 
 
(3,604
)
 
 
(2,371
)
 
 
(7,713
)
Change in valuation allowance
 
 
4,629
 
 
 
3,193
 
 
 
6,394
 
Effect of foreign rates
 
 
(22
)
 
 
(12
)
 
 
(30
)
Tax credits
 
 
(2,904
)
 
 
(1,405
)
 
 
(1,754
)
Other differences
 
 
139
 
 
 
556
 
 
 
398
 
Permanent differences
 
 
4,657
 
 
 
2,226
 
 
 
963
 
Provision for income taxes
 
$
13,922
 
 
$
15,830
 
 
$
26,182
 

During the year ended December 31, 2012, the Company corrected certain immaterial prior period errors for the years ending December 31, 2011 and 2010 of approximately $2.4 million and $909,000, respectively.  These immaterial errors related to the cash flow presentation of the excess tax benefit attributed to the exercise of non-qualified stock options and restricted stock units.  The immaterial errors had no impact on the Company's consolidated cash flows, consolidated statements of income and comprehensive income or the consolidated balance sheets.  The correction of the errors is reflected as a reduction of operating cash flow from operating activities and an increase in cash flow from financing activities.  

The Company recognizes interest in interest expense and recognizes potential penalties related to unrecognized tax benefits in selling, general and administrative expense. The Company accrued approximately $25,000 and $26,000, for the payment of interest and penalties as of December 31, 2012 and 2011, respectively. Of the total unrecognized tax benefits recorded at December 31, 2012 and 2011, $153,000 and $104,000, respectively is classified as a current liability and $863,000 and $952,000, respectively, is classified as a non-current liability on the balance sheet. As of December 31, 2012 and 2011, the Company estimated that approximately, $75,000 and $50,000, respectively, of unrecognized tax benefits will reverse within the next twelve months.

The table below presents the gross unrecognized tax benefits activity for 2012, 2011 and 2010:

(in thousands)
 
 
Gross unrecognized tax benefits at January 1, 2010
 
$
260
 
Increases for tax positions for prior years
 
 
16
 
Decreases for tax positions for prior years
 
 
(175
)
Increases for tax positions for current year
 
 
849
 
Settlements
 
 
-
 
Lapse of statute of limitations
 
 
-
 
Gross unrecognized tax benefits at December 31, 2010
 
 
950
 
Increases for tax positions for prior years
 
 
167
 
Decreases for tax positions for prior years
 
 
(61
)
Increases for tax positions for current year
 
 
-
 
Settlements
 
 
-
 
Lapse of statute of limitations
 
 
-
 
Gross unrecognized tax benefits at December 31, 2011
 
 
1,056
 
Increases for tax positions for prior years
 
 
25
 
Decreases for tax positions for prior years
 
 
(65
)
Increases for tax positions for current year
 
 
-
 
Settlements
 
 
-
 
Lapse of statute of limitations
 
 
-
 
Gross unrecognized tax benefits at December 31, 2012
 
$
1,016
 

When resolved, substantially all of these reserves would impact the effective tax rate.

The Company's federal and state income tax returns for the tax years 2009 to 2011 remain open to examination. The Company's tax returns in the United Kingdom remain open to examination for the tax years 2011 to 2004, and tax returns in Germany remain open indefinitely.

As of December 31, 2012, the Company's 2008, 2009 and 2010 federal income tax returns are under audit by the Internal Revenue service. The Company believes appropriate provisions have been made for any outstanding issues.