Income Taxes

The benefit from income taxes consists of the following:



	Year Ended December 31,
(In thousands)	2012			2011			2010
Federal	$	208		$	3		$	(211	)
State and local	(796		)	(28		)	(924		)
Total	$	(588	)	$	(25	)	$	(1,135	)

	Year Ended December 31,
(In thousands)	2012			2011			2010
Current	$	(588	)	$	(25	)	$	(1,135	)
Deferred	—			—			—
Total	$	(588	)	$	(25	)	$	(1,135	)

For 2012, 2011 and 2010, the Company’s effective tax rate was (4.61)%, 0.07%, and 4.10%, 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)	2012			2011			2010
Federal taxes at statutory rate	$	4,466		$	(11,866	)	$	(9,591	)
State and local taxes – net of federal tax benefit	829			(19		)	(601		)
Change in unrecognized tax benefit	(1,346		)	(254		)	(1,782		)
Change in valuation allowance	(5,076		)	12,950			10,797
Change in state NOL deferred asset – net of federal tax benefit	(312		)	(1,280		)	—
Other	851			444			42
Total	$	(588	)	$	(25	)	$	(1,135	)

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 2008. 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)	2012			2011			2010
Balance at January 1,	$	1,346		$	1,601		$	3,383
Additions for tax positions of prior years	—			39			99
Reductions for tax positions of prior years	(1,346		)	(294		)	(1,881		)
Balance at December 31,	$	—		$	1,346		$	1,601

The Company recognizes interest and penalties accrued related to unrecognized tax benefits in tax expense. At December 31, 2012, we have no unrecognized tax benefits due to the lapse of the statue of limitations and completion of audits in prior years. We believe that our current income tax filing positions and deductions will be sustained on audit and do not anticipate any adjustments that will result in a material change. In 2011 and 2010, we recognized $0.1 million in interest and penalties, respectively, and recorded an accrual of $0.7 million and $0.8 million for the payment of interest and penalties, respectively.

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



	December 31,
(In thousands)	2012		2011
Deferred tax assets:
Warranty, insurance and other accruals	11,378		12,418
Inventory	22,612		29,795
State taxes	(64	)	73
Net operating loss carryforward	102,475		99,979
Deferred charges	336		389
Total deferred tax assets	136,737		142,654
Deferred tax liabilities:
Depreciation	804		1,470
Prepaid expenses	184		359
Total deferred tax liabilities	988		1,829
Less valuation allowance	135,749		140,825
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.

In accordance with ASC 740-10, Income Taxes, we evaluate our deferred tax assets, including the benefit from net operating losses (“NOLs”), to determine if a valuation allowance is required. Companies must assess, using significant judgments, whether a valuation allowance should be established based on the consideration of all available evidence using a “more likely than not” standard with significant weight being given to evidence that can be objectively verified. This assessment considers, among other matters, the nature, frequency and severity of current and cumulative losses, forecasts of future profitability, the length of statutory carryforward periods, our experience with operating losses and our experience of utilizing tax credit carryforwards and tax planning alternatives. Based upon a review of all available evidence, we recorded a full valuation allowance against our deferred tax assets during 2008. We continue to maintain a full non-cash valuation allowance against the entire amount of our remaining net deferred tax assets at December 31, 2012 as we have determined that the weight of the negative evidence exceeds that of the positive evidence and it continues to be more likely than not that we will not be able to utilize all of our deferred tax assets and NOL carryovers.

At December 31, 2012 and 2011, we had a valuation allowance of $135.7 million and $140.8 million, respectively, against deferred tax assets which include the tax benefit from NOL and credit carryovers. At December 31, 2012, the Company had federal net operating loss carryforwards of approximately $82.3 million and federal credit carryforwards of $4.2 million and $16.0 million of state net operating loss carryforwards. Our future deferred tax asset realization depends on sufficient taxable income in the carryforward periods under existing tax laws. Our federal carryforward benefits will begin to expire in 2028. Our state net operating loss benefits began to expire in 2012, with $9.0 million expiring between 2012 and 2027 and $7.0 million expiring between 2028 and 2032.

We will continue to review on an ongoing basis all available evidence to determine if and when we expect to realize our deferred tax assets and NOL carryovers. Additionally, due to the considerable estimates utilized in establishing a valuation allowance and the potential for changes in facts and circumstances in future reporting periods, it is reasonably possible that we will be required to either increase or decrease our valuation allowance in future reporting periods.

During 2012, the Company reduced its valuation allowance by $5.1 million, for a total valuation allowance recorded of $135.7 million, against its deferred tax assets. 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.