INCOME TAXES

The following table presents the U.S. and foreign components of consolidated income (loss) before income taxes and the provision for (benefit from) income taxes (in thousands):



	Fiscal Years
	2012			2011			2010
Income (loss) before income taxes:
U.S.	$	(12,444	)	$	(7,569	)	$	(209	)
Foreign	148			25			148
Income (loss) before income taxes	$	(12,296	)	$	(7,544	)	$	(61	)
Provision for (benefit from) income taxes:
Current:
Federal	$	—		$	—		$	(11	)
State	2			2			2
Foreign	51			66			51
Subtotal	53			68			42
Deferred:
Federal	(55		)	—			(170		)
State	(9		)	—			(40		)
Foreign	29			(18		)	(16		)
Subtotal	(35		)	(18		)	(226		)
Provision for (benefit from) income taxes	$	18		$	50		$	(184	)

Based on the available objective evidence, management believes it is more likely than not that the net deferred tax assets will not be fully realizable. Accordingly, the Company has provided a full valuation allowance against its U.S. federal and state deferred tax assets at December 30, 2012. The Company believes it is more likely than not it will be able to realize its foreign deferred tax assets. Deferred tax balances are comprised of the following (in thousands):



	December 30, 2012			January 1, 2012
Deferred tax assets:
Net operating losses and capital losses	$	38,342		$	34,733
Accruals and reserves	2,683			2,753
Credits carryforward	5,024			5,304
Unrealized loss on marketable securities	3,088			3,057
Depreciation and amortization	9,558			9,150
Stock-based compensation	1,344			971
Other	273			211
	60,312			56,179
Valuation allowances	(60,223		)	(56,067		)
Deferred tax asset	$	89		$	112
Deferred tax liability	—			—

A rate reconciliation between income tax provisions at the U.S. federal statutory rate and the effective rate reflected in the consolidated statement of operations is as follows:



	Fiscal Years
	2012			2011			2010
Income tax expense/(benefit) at statutory rate	$	(4,180	)	$	(2,565	)	$	(21	)
State taxes	2			2			2
Refundable R&D credit	—			—			(11		)
Stock compensation and other permanent differences	342			192			224
Foreign taxes	30			41			(15		)
Benefit allocated from other comprehensive income	(65		)	—			(209		)
Future benefit of deferred tax assets not recognized	3,889			2,380			(154		)
	$	18		$	50		$	(184	)

As of December 30, 2012, the Company had net operating loss carryforwards of approximately $107.1 million for federal and $47.0 million for state income tax purposes. If not utilized, these carryforwards will begin to expire beginning in 2013 for federal and state purposes. Included in the net operating loss carryforwards amount is $8.0 million for federal and $5.1 million for state income tax purposes, which, when recognized, will result in a credit to stockholders' equity.

The Company has research credit carryforwards of approximately $2.6 million for federal and $3.6 million for state income tax purposes. If not utilized, the federal carryforwards will expire in various amounts beginning in 2013. The California credit can be carried forward indefinitely.

Under the Tax Reform Act of 1986, the amount of and the benefit from net operating loss carryforwards and credit carryforwards may be impaired or limited in certain circumstances. Events which may restrict utilization of a company's net operating loss and credit carryforwards include, but are not limited to, certain ownership change limitations as defined in Internal Revenue Code Section 382 and similar state provisions. In the event the Company has had a change of ownership, utilization of carryforwards could be restricted to an annual limitation. The annual limitation may result in the expiration of net operating loss carryforwards and credit carryforwards before utilization.

U.S. income taxes and foreign withholding taxes associated with the repatriation of earnings of foreign subsidiaries were not provided for on a cumulative total of $1.0 million of undistributed earnings for certain foreign subsidiaries as of the end of fiscal 2012. We intend to reinvest these earnings indefinitely in our foreign subsidiaries. If these earnings were distributed to the United States in the form of dividends or otherwise, or if the shares of the relevant foreign subsidiaries were sold or otherwise transferred, we would be subject to additional U.S. income taxes (subject to an adjustment for foreign tax credits) and foreign withholding taxes. Determination of the amount of unrecognized deferred income tax liability related to these earnings is not practicable.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):



	December 30, 2012		January 1, 2012		January 2, 2011
Beginning balance of unrecognized tax benefits	$	77	$	73	$	70
Gross increases for tax positions of current year	2		4		3
Ending balance of unrecognized tax benefits	$	79	$	77	$	73

The amount of unrecognized tax benefits that would affect our effective tax rate if recognized is $79,000 as of December 30, 2012. The Company recognizes interest and penalties related to uncertain tax positions in income tax expense. As of December 30, 2012, January 1, 2012 and January 2, 2011, the Company had approximately $33,000, $26,000 and $20,000 of accrued interest and penalties related to uncertain tax positions.

The Company is not currently under exam and the Company's historical net operating loss and credit carryforwards may be adjusted by the IRS and other tax authorities until the statute closes on the year in which such attributes are utilized. The Company estimates that its unrecognized tax benefits will not change significantly within the next twelve months.