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Income Taxes
3 Months Ended
Mar. 25, 2012
Income Taxes [Abstract]  
Income Taxes
Note 8. INCOME TAXES

The effective tax rate for the thirteen weeks ended March 25, 2012 was 48.4% as compared to 14.3% for the thirteen weeks ended March 27, 2011. The increase in the first quarter 2012 tax rate was due to the valuation allowance position in the United States and the mix of income between subsidiaries.

In accordance with ASC 740, "Accounting for Income Taxes", we evaluate our deferred income taxes quarterly to determine if valuation allowances are required or should be adjusted. ASC 740 requires that companies assess whether valuation allowances should be established against their deferred tax assets based on all available evidence, both positive and negative, using a "more likely than not" standard. In the assessment for a valuation allowance, appropriate consideration is given to all positive and negative evidence related to the realization of the deferred tax assets. This assessment considers, among other matters, the nature, frequency and severity of current and cumulative losses, forecasts of future profitability, the duration of statutory carryforward periods, the Company's experience with loss carryforwards not expiring and tax planning alternatives. The Company operates and derives income across multiple jurisdictions. As the geographic footprint of the business changes, we may encounter losses in jurisdictions that have been historically profitable, and as a result might require additional valuation allowances to be recorded against certain deferred tax asset balances. At March 25, 2012 and December 25, 2011, we had net deferred tax assets of $11.7 million and $11.7 million, respectively.

During the quarter ended September 25, 2011 a valuation allowance in the amount of $48.0 million was established related to all components of the domestic net deferred tax assets based on the determination after the above considerations that it was more likely than not that the deferred tax assets would not be fully realized. This charge was primarily a result of the trend of significant domestic losses experienced by the Company in recent years.

Included in the $49.1 million of other current assets is the Company's current income tax receivable of $12.6 million.  This amount represents estimated tax payments on account, net of refunds received in the amount of $2.3 million, and $10.3 million of tax benefit recorded on the Company's year to date pretax loss.  Included in the $27.8 million of other current liabilities is the Company's current deferred tax liability of $4.7 million.

The total amount of gross unrecognized tax benefits that, if recognized, would affect the effective tax rate was a $12.7 million and $13.2 million at March 25, 2012 and December 25, 2011, respectively. Penalties and tax-related interest expense are reported as a component of income tax expense. During the three months ended March 25, 2012 and March 27, 2011 we recognized interest and penalties expense of $0.2 million and $0.2 million, respectively, in the Statement of Operations. At March 25, 2012 and December 25, 2011, the Company had accrued interest and penalties related to unrecognized tax benefits of $4.8 million and $4.6 million, respectively.

We file income tax returns in the U.S. and in various states, local and foreign jurisdictions. We are routinely examined by tax authorities in these jurisdictions. It is possible that these examinations may be resolved within twelve months. Due to the potential for resolution of federal, state and foreign examinations, and the expiration of various statutes of limitation, it is reasonably possible that the gross unrecognized tax benefits balance may decrease within the next twelve months by a range of $2.4 million to $4.4 million.

We are currently under audit in the following major jurisdictions: United States 20072008, Germany 20022009, Finland 20082009, Sweden 20072009, and France 20082010.