Income Taxes

The benefit from income taxes consists of the following:



	Years Ended December 31,
(In thousands)	2011			2010			2009
Federal	$	3		$	(211	)	$	(27,647	)
State and local	(28		)	(924		)	(3,233		)
Total	$	(25	)	$	(1,135	)	$	(30,880	)

	Year Ended December 31,
(In thousands)	2011			2010			2009
Current	$	(25	)	$	(1,135	)	$	(30,880	)
Deferred	—			—			—
Total	$	(25	)	$	(1,135	)	$	(30,880	)

For the years ended December 31, 2011, 2010, and 2009, the Company’s effective tax rate was 0.07%, 4.1% and 33.2%, respectively. Reconciliation of the differences between income taxes computed at the federal statutory tax rate and consolidated benefit from income taxes are as follows:



	Year Ended December 31,
(In thousands)	2011			2010			2009
Federal taxes at statutory rate	$	(11,866	)	$	(9,591	)	$	(32,546	)
State and local taxes – net of federal tax benefit	(19		)	(601		)	(2,101		)
Change in unrecognized tax benefit	(254		)	(1,782		)	(1,294		)
Manufacturing credit	—			—			(1,300		)
Change in valuation allowance	12,950			10,797			8,220
Change in state NOL deferred asset, with corresponding change in valuation allowance	(1,280		)
Other	444			42			(1,859		)
Total	$	(25	)	$	(1,135	)	$	(30,880	)

The Company files income tax returns in the U.S. federal jurisdiction, and various states. The Company is no longer subject to U.S. federal, state or local examinations by tax authorities for years before 2007. The Company is audited from time to time, and if any adjustments are made, they would be either immaterial or reserved. A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows:



	Year Ended December 31,
(In thousands)	2011			2010			2009
Balance at January 1, 2011	$	1,601		$	3,383		$	4,677
Additions based on tax positions related to the current year	—			—			—
Additions for tax positions of prior years	39			99			139
Reductions for tax positions of prior years	(294		)	(1,881		)	(506		)
Settlements	—			—			(927		)
Balance at December 31, 2011	$	1,346		$	1,601		$	3,383

The Company recognizes interest and penalties accrued related to unrecognized tax benefits in tax expense. The Company recognized $0.1 million in interest and penalties in 2011, 2010 and 2009. The Company has an accrual of $0.7 million, $0.8 million and $1.3 million, respectively, for the payment of interest and the payment of penalties at December 31, 2011, 2010 and 2009.

The Company has taken positions in certain taxing jurisdictions for which it is reasonably possible that the total amounts of unrecognized tax benefits may significantly decrease within the next twelve months. The possible decrease could result from the finalization of the Company's various state income tax audits. State income tax audits are primarily concerned with apportionment-related issues. The estimated range of the reasonably possible decrease spans from a zero decrease to a decrease of less than $0.1 million related to lapse in statutes.

The tax effects of the significant temporary differences that comprise the deferred tax assets and liabilities are as follows:



	December 31,
(In thousands)	2011		2010
Deferred tax assets:
Warranty, insurance and other accruals	$	12,418	$	11,870
Inventory	29,795		31,717
State taxes	73		80
Net operating loss carryforward	99,979		84,333
Deferred charges	389		1,192
Total deferred tax assets	142,654		129,192
Deferred tax liabilities:
Depreciation	1,470		1,164
Prepaid expenses	359		153
Total deferred tax liabilities	1,829		1,317
Less valuation allowance	140,825		127,875
Net deferred tax asset	$	—	$	—

Deferred federal and state income tax assets primarily represent the deferred tax benefits arising from temporary differences between book and tax income which will be recognized in future years as an offset against future taxable income. These assets were largely generated as a result of inventory impairments that the Company incurred in 2006 through 2011. If, for some reason, the combination of future years' income (or loss), combined with the reversal of the timing differences, results in a loss, such losses can be carried back to prior years or carried forward to future years to recover the deferred tax assets.

The Company evaluates its deferred tax assets, including net operating losses, to determine if a valuation allowance is required. We are required to assess whether a valuation allowance should be established based on the consideration of all available evidence using a “more likely than not” standard. In making such judgments, significant weight is given to evidence that can be objectively verified. A cumulative loss in recent years is significant negative evidence in considering whether deferred tax assets are realizable, and also restricts the amount of reliance on projections of future taxable income to support the recovery of deferred tax assets. The Company's current and prior year losses present the most significant negative evidence as to whether the Company needs to reduce its deferred tax assets with a valuation allowance. We are currently in a four-year cumulative pre-tax loss position. We currently believe the cumulative weight of the negative evidence exceeds that of the positive evidence and, as a result, it is more likely than not that we will not be able to utilize all of our deferred tax assets. Therefore, in 2011 the Company has recorded an additional valuation allowance of $12.9 million, for a total valuation allowance recorded of $140.8 million, against its deferred tax assets. We do not expect to record any additional tax benefits in 2012 as our carryback under the current tax law has been exhausted. The accounting for deferred taxes is based upon an estimate of future results.

Differences between the anticipated and actual outcomes of these future tax consequences could have a material impact on the Company's consolidated results of operations or financial position.

At December 31, 2011, the Company had a $0.6 million income tax receivable relating to the cash refund to be realized upon the carryback of certain 2011 expenses to 2001. Of the $1.0 million income tax receivable at December 31, 2010, the company received $0.7 million in 2011.

At December 31, 2011, the Company had federal net operating loss carryforwards of approximately $80.9 million and federal credit carryforwards of $3.6 million. These federal carryforward benefits will begin to expire in 2029. The Company also had state net operating loss benefits of $15.4 million, with $8.4 million expiring between 2022 and 2027, and $7.0 million expiring between 2028 and 2033.