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(3) Income Taxes
9 Months Ended
Sep. 30, 2013
Notes to Financial Statements  
(3) Income Taxes

The Company’s provision for income taxes consists of state and local, and foreign taxes, as applicable, in amounts necessary to align the Company’s year-to-date tax provision with the effective rate that it expects to achieve for the full year.

For the nine months ended September 30, 2013, the Company recorded an income tax benefit of $1.6 million on its pre-tax loss of $13.4 million, consisting of a 2.1million reversal of unrecognized tax benefits due to the expiration of applicable statutes of limitations partly offset by state and local and foreign taxes. For the nine months ended September 30, 2012, the Company recorded an income tax provision of $0.5 million on its pre-tax loss of $12.1 million, consisting primarily of state and local and foreign taxes. The effective tax rate for the nine months ended September 30, 2013 was 11.9%. As of September 30, 2013, the Company’s conclusion did not change with respect to the realizability of its domestic deferred tax assets and, therefore, the Company has not recorded any benefit for its expected net domestic deferred tax assets for the full year 2013 estimated annual effective tax rate. As of September 30, 2013, the valuation allowance totaled approximately $41.9 million.

The Company’s total unrecognized tax benefits, excluding interest and penalties for September 30, 2013 and December 31, 2012 were approximately $3.3 million and $5.1 million, respectively. At September 30, 2013, $0.4 million including interest, if recognized, would reduce the Company’s effective tax rate. As of September 30, 2013 and December 31, 2012, the Company recorded an aggregate of approximately $96,000 and $373,000, respectively, of accrued interest and penalties.