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Income Taxes
9 Months Ended
Oct. 01, 2017
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The Company recorded an income tax benefit of $0.3 million and a provision of $0.5 million for the three and nine months ended October 1, 2017. The provision for income taxes consists primarily of alternative minimum tax and income taxes in the foreign jurisdictions in which we conduct business. We maintain a full valuation allowance for deferred tax assets, including net operating loss carry-forward and Research and Development credits. Income taxes recorded for the three and nine months ended September 25, 2016 were insignificant.
As of October 1, 2017, based on the available objective evidence, management believes it is more likely than not that the net deferred tax assets will not be realized for federal and state purposes. Accordingly, management has applied a full valuation allowance against its federal and state net deferred tax assets at October 1, 2017. Due to improvements in the U.S. operating results (over the past three years), management believes a reasonable possibility exists that, within the next year, sufficient positive evidence may become available to reach a conclusion that the valuation allowance against its federal and state net deferred tax assets will no longer be needed. A release of such valuation allowance could cause a material increase to income in the period such determination is made.
Under Internal Revenue Code (“IRC”) Section 382, our ability to utilize NOL carry-forwards or other tax attributes such as research tax credits, in any taxable year may be limited if we experience, or have experienced, an “ownership change”. A Section 382 “ownership change” generally occurs if one or more stockholders or groups of stockholders, who own at least 5% of our stock, increase their ownership by more than 50 percentage points over their lowest ownership percentage within a rolling three-year period. Similar rules may apply under state tax laws.
We have completed an IRC Section 382 analysis through December 31, 2016 and determined that there was no significant limitation to the utilization of NOL or tax credit carryforwards before they expire. Since no deferred tax assets have been recognized on our balance sheet related to our NOLs and tax credits, as they are fully reserved by a valuation allowance, there was no impact to the tax provision.