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Note 19 - Income Taxes
9 Months Ended
Sep. 30, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

19.     Income Taxes


We account for income taxes in accordance with ASC Topic 740, Income Taxes (“ASC 740”). ASC 740 requires an asset and liability approach for measuring deferred taxes based on temporary differences between the financial statement and tax bases of assets and liabilities existing at each balance sheet date using enacted tax rates for years in which taxes are expected to be paid or recovered.


Each quarter we assess our deferred tax asset to determine whether all or any portion of the asset is more likely than not unrealizable under ASC 740. We are required to establish a valuation allowance for any portion of the asset we conclude is more likely than not to be unrealizable. Our assessment considers, among other things, the nature, frequency and severity of our current and cumulative losses, forecasts of our future taxable income, the duration of statutory carryforward periods, our utilization experience with operating loss and tax credit carryforwards, and tax planning alternatives.


As of September 30, 2013, we had a $416.4 million deferred tax asset which was partially offset by a valuation allowance of $10.5 million related to state net operating loss carryforwards that are limited by shorter carryforward periods. In addition, as of such date, we had gross federal and state net operating loss carryforwards of approximately $537 million and $1,066 million, respectively, which if unused, will begin to expire in 2029 and 2014, respectively. The remaining deferred tax asset represented deductible timing differences, primarily related to inventory impairments and financial accruals, which have no expiration date. Our 2013 third quarter provision for income taxes included income tax expense of $27.3 million related to our $70.1 million of pretax income, partially offset by a $16.1 million benefit resulting from the reversal of our liability for unrecognized tax benefits due to the expiration of the applicable statute of limitations. The provision for income taxes for the nine months ended September 30, 2013 included income tax expense of $60.7 million related to the $156.7 million of pretax income, partially offset by an aggregate benefit of $28.3 million during the period, $12.2 million related to the reversal of our deferred tax asset valuation allowance attributable to the expiration of Internal Revenue Code Section 382 (“Section 382”) limitations and $16.1 million related to the reversal of our liability for unrecognized tax benefits due to the expiration of the applicable statute of limitations. As of September 30, 2013, we remained subject to examination by various tax jurisdictions for the tax years ended December 31, 2008 through 2012.