Income Taxes

3 Months Ended

Dec. 31, 2012

Income Taxes

Income Taxes

3. Income Taxes

The income tax expense for the three months ended December 31, 2012 was $96,000 compared to a benefit of $252,000 for the three months ended December 31, 2011.  The income tax expense for the three months ended December 31, 2012 was the result of the pre-tax income for the quarter compared to the pre-tax loss from the same period in the prior year.

The effective tax rate for the three months ended December 31, 2012 was 23%.  The effective tax rate differs from the statutory rate for the three months ended December 31, 2012, due primarily to a decrease in the liability recorded for uncertain tax positions due to the lapse of applicable statutes of limitation, and the Domestic Production Activities Deduction.

The effective tax rate for the three months ended December 31, 2011 was (42%).  The effective tax rate differs from the statutory rate for the three months ended December 31, 2011, due primarily to the current tax benefits resulting from the loss recorded, and a decrease in the liability recorded for uncertain tax positions due to the lapse of applicable statutes of limitation.

On January 2, 2013, the American Taxpayer Relief Act of 2012 (the “Tax Relief Act”) was enacted.  The Tax Relief Act included a two-year extension of the Research and Development Tax Credit (“R&D Tax Credit”) which reinstated retroactively and extended the federal R&D Tax Credit for amounts paid or incurred from January 1, 2012 to December 31, 2013.   The Company is in the process of evaluating the impact of the R&D Tax Credit extension, and will record the impact of this legislation in the quarter ending March 31, 2013, as required by ASC Topic 740.

At September 30, 2012, the Company considered all available evidence, including the recent history of income before income taxes, together with projections of profitability in future periods.   As a result of this analysis, the Company determined that the positive evidence was sufficient to conclude that it was appropriate to reverse the valuation allowance previously recorded against its net federal deferred tax assets.  At December 31, 2012, the balance of the deferred tax valuation allowance relates principally to NOLs of certain state taxing jurisdictions.  The Company will continue to maintain the balance of the valuation allowance until an appropriate level of profitability is sustained in certain jurisdictions to warrant a conclusion that it is no longer more likely than not that a portion of these net state deferred tax assets will not be realized in future periods. There is currently no assurance of such future income before taxes. The Company believes that its estimate of future taxable income is inherently uncertain, and if its current or future operations generate losses, further adjustments to the valuation allowance are possible.