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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes

NOTE D-INCOME TAXES

Income Tax Expense (Benefit)

Income (loss) before income taxes is comprised of the following (in thousands):

 

$00,0000 $00,0000 $00,0000
     Year Ended December 31,  
     2011      2010     2009  

U.S.

   $ 330       $ (53,038   $ (88,535

Foreign

     2,278         (14,387     (11,236
  

 

 

    

 

 

   

 

 

 
   $ 2,608       $ (67,425   $ (99,771
  

 

 

    

 

 

   

 

 

 

The provision (benefit) for income taxes is comprised of the following (in thousands):

 

     Year Ended December 31,  
     2011     2010     2009  

Current:

      

State

   $ (713   $ —        $ (2

Foreign

     1,394        45        (48
  

 

 

   

 

 

   

 

 

 
     681        45        (50
  

 

 

   

 

 

   

 

 

 

Deferred:

      

Federal

     (1     (369     98   

State

     270        1        (117

Foreign

     (558     (3,685     (2,905
  

 

 

   

 

 

   

 

 

 
     (289     (4,053     (2,924
  

 

 

   

 

 

   

 

 

 

Tax provision (benefit):

      

Federal

     (1     (369     98   

State

     (443     1        (119

Foreign

     836        (3,640     (2,953
  

 

 

   

 

 

   

 

 

 
   $ 392      $ (4,008   $ (2,974
  

 

 

   

 

 

   

 

 

 

 

The differences between the U.S. Federal income taxes computed at the statutory rate (35%) and the Company's income taxes for financial reporting purposes are as follows (in thousands):

 

     Year Ended December 31,  
     2011     2010     2009  

Statutory Federal income tax

   $ 913      $ (23,599   $ (34,920

Change in unrecognized tax benefits

     235        83        334   

State income tax, less Federal benefit

     (193     —          1   

Tax difference on foreign earnings

     (245     949        588   

Change in foreign taxes

     156        64        264   

Canadian withholding tax

     26        45        (52

Change in valuation allowance

     (513     18,050        30,774   

Tax credits

     (366     (384     (345

Non-deductible expenses

     280        233        371   

Other, net

     99        551        11   
  

 

 

   

 

 

   

 

 

 

Income tax provision (benefit)

   $ 392      $ (4,008   $ (2,974
  

 

 

   

 

 

   

 

 

 

Deferred Tax Asset/Liability

The components of the net deferred income tax asset (liability) reflected in the Company's consolidated balance sheets at December 31, 2011 and 2010 were as follows (in thousands):

 

     Deferred Tax Assets  (Liabilities)
December,
 
     2011     2010  

Deferred tax assets:

    

Deferred revenue

   $ 2,158      $ 1,035   

Depreciation and amortization

     18,941        21,402   

Alternative minimum tax credit carryforward

     1,782        1,782   

Net operating loss carryforwards

     84,413        86,827   

Research and development tax credit carryforward

     1,055        1,205   

Accrued expenses and other

     8,349        8,859   
  

 

 

   

 

 

 

Total deferred tax assets

     116,698        121,110   
  

 

 

   

 

 

 

Deferred tax liabilities:

    

Depreciation and amortization

     (973     (3,986

Intangible assets

     (8,315     (10,174

Unrealized gain on marketable securities

     (92     (1,086

Deferred expenses and other

     (571     (176
  

 

 

   

 

 

 

Total deferred tax liabilities

     (9,951     (15,422
  

 

 

   

 

 

 

Valuation allowance:

    

Beginning balance

     (107,490     (88,694

Increase during the period

     (576     (18,796
  

 

 

   

 

 

 

Total valuation allowance

     (108,066     (107,490
  

 

 

   

 

 

 

Net deferred tax liability

   $ (1,319   $ (1,802
  

 

 

   

 

 

 

Deferred income taxes have been classified in the Consolidated Balance Sheet as:

    

Deferred income tax asset

   $ 56      $ 326   

Deferred income tax liability

     (1,375     (2,128
  

 

 

   

 

 

 

Net deferred income tax liability

   $ (1,319   $ (1,802
  

 

 

   

 

 

 

 

During 2011 and 2010, the Company's valuation allowance provided against its U.S. net deferred tax asset increased by $0.6 million and $18.8 million, respectively, primarily related to U.S. net operating losses incurred in 2011 and 2010 for which utilization is uncertain and, in 2011, the change in deferred taxes on unrealized gain on marketable securities.

As of December 31, 2011, the Company has a U.S. Federal net operating loss ("NOL") carryforward of approximately $223.3 million which can be used to offset U.S. income taxes payable in future years. This U.S. NOL carryforward will expire in periods beginning 2025 through 2031. As of December 31, 2011, the Company has an alternative minimum tax (AMT) credit carryforward of approximately $1.8 million which can be used to offset regular U.S. Federal income taxes payable in future years and which has an indefinite carryforward period. As of December 31, 2011, the Company has Canadian NOL carryforwards of approximately $1.4 million (Canadian) which can be used to offset Canadian income taxes payable in future years. These Canadian NOL carryforwards will expire in 2029.

In February 2006, Olympic Seismic Ltd. ("Olympic"), a wholly owned subsidiary of the Company, was notified by Canada Revenue Agency ("CRA") that CRA was going to perform an audit of certain aspects of Olympic's tax returns for the years 2003 and 2004. In February 2009, CRA notified the Company that the audit was expanded to include years from 2005 through 2007. In April 2011, the Company received notification that CRA concluded their audits, disallowing Olympic's deductions for certain royalties payable to the Company's U.S. entities for years 2003 to 2007. Olympic and the Company object to and are appealing the audit results. As a condition to appeal the audit results, Olympic was required to pay $7.6 million (Canadian) to CRA and did so in May 2011 and made an additional $0.1 million payment in the third quarter of 2011. These payments, which included amounts for taxes, penalties and interest assessed by CRA, have been shown as income tax payments in the Consolidated Statement of Cash Flows because the amounts paid can be applied interchangeably to the amounts which may ultimately be due to CRA. As of December 31, 2011, the appeal process has not been concluded. The Company has recorded liabilities associated with potential adjustments that may occur as a result of the appeal based on management's assessment of the probability of the outcome of the appeal, net of certain payments made to CRA. See "Uncertain Tax Benefits" below.

Uncertain Tax Benefits

The Company accounts for income taxes in accordance with ASC Topic 740, "Income Taxes," which prescribes a minimum recognition threshold a tax position must meet before being recognized in the financial statements. A reconciliation of the beginning and ending gross unrecognized tax benefits is as follows (in thousands):

 

     Year Ended December 31,  
     2011     2010      2009  

Balance at beginning of year

   $ 6,151      $ 5,545       $ 4,859   

Additions based on prior year tax positions

     —          310         275   

Reductions in tax positions due to a lapse in statute

     —          —           (365

Foreign currency translation

     (135     296         776   
  

 

 

   

 

 

    

 

 

 

Balance at end of year

   $ 6,016      $ 6,151       $ 5,545   
  

 

 

   

 

 

    

 

 

 

As of December 31, 2011, approximately $6.0 million of the total unrecognized tax benefits would impact the effective income tax rate, if recognized in future periods. In addition, as of December 31, 2011, the Company has recorded $5.9 million in related assets which are fully offset with a valuation allowance.

Uncertain tax positions are reflected as income tax assets and liabilities. Income tax-related interest and penalty expenses are recorded as a component of income tax expense. As of December 31, 2011, we had $0.5 million of

accrued interest and $1.0 million of accrued penalties. As of December 31, 2010, we had $0.3 million of accrued interest and $1.0 million of accrued penalties. Income tax expense (benefit) for the years ended December 31, 2011, 2010 and 2009 included $0.2 million, $(0.2) million and $0.1 million, respectively, related to interest and penalties on unrecognized tax benefits.

With few exceptions, the Company is no longer subject to U.S. Federal, state and local, or non-U.S. income tax examinations by tax authorities for years prior to 2007, 2007 and 2004, respectively.