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Note 8 - Taxes
6 Months Ended
Jun. 29, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

Note 8 – Taxes


The Company’s provision for income taxes for the quarters ended June 29, 2013 and June 30, 2012 is comprised primarily of foreign income tax withholdings, state minimum income taxes, and interest and penalties on income tax reserves.


As of June 29, 2013, the Company has recorded a deferred tax liability of approximately $1.0 million for foreign income tax, which represents a 10% Honduran dividend withholding tax on the undistributed earnings of its Honduran subsidiary. These foreign withholding taxes will generate income tax credits in the U.S. when such amounts are paid, but this tax credit benefit is not currently recognized due to a full valuation allowance on the Company’s deferred tax assets.


As of June 29, 2013, unrecognized tax benefits of approximately $4.6 million, including approximately $2.2 million of accrued interest and penalties, is included in Other long-term liabilities in the unaudited condensed consolidated balance sheet. The Company anticipates that total unrecognized tax benefits will decrease by approximately $2.3 million, including interest and penalties of approximately $0.9 million, due to the expiration of statutes of limitation within the next twelve months.


The Company maintains a full valuation allowance on all of the net deferred tax assets due to the significant negative evidence in regards to future realization of these net deferred tax assets as of June 29, 2013 and June 30, 2012. Excluding the valuation allowances on net deferred tax assets, the Company would have recognized tax expense from continuing operations of $1.3 million or an effective tax rate of 45.2% due to pre-tax income in the three months ended June 29, 2013, and tax expense from continuing operations of $0.2 million or a negative effective tax rate of 14.6% due to losses incurred for the six months ended June 29, 2013. Excluding the valuation allowances on net deferred tax assets, the Company would have recognized a tax benefit from continuing operations of $0.5 million or an effective tax rate of 18.0% and a tax benefit from continuing operations of $1.3 million or an effective tax rate of 19.6% due to losses incurred in the three and six months ended June 30, 2012, respectively. The effective tax rates vary from the statutory rates due to foreign income taxes, interest and penalties on income tax reserves, losses, and certain non-deductible expenses.


As of December 31, 2012, the Company had net operating loss carryforwards for U.S. federal income tax purposes of $50.3 million expiring from 2019 to 2032. The Company had state net operating loss carryforwards of $71.8 million as of December 31, 2012 expiring from 2013 to 2032. Valuation allowances were established for all of these federal and state net operating loss carryforwards due to the uncertainty of their future usage. In July 2013, the Company’s Board of Directors, in consultation with management and the Company’s professional advisors, completed an examination of past trading and corporate actions that could affect the Company’s net operating loss carryforwards. As a result of this examination, the Board of Directors determined that on March 7, 2013, the Company underwent an ownership change as defined by Section 382 of the Internal Revenue Code and, as a result, the Company will be significantly limited in its future use of federal and state net operating loss carryforwards generated prior to March 7, 2013 pursuant to the provisions of Section 382 and related sections of the Internal Revenue Code.