v2.4.0.6
Income Taxes
9 Months Ended
Sep. 29, 2012
Income Taxes

12. Income Taxes

As of September 29, 2012, the balance of the gross unrecognized tax benefit was $6.6 million, of which $5.6 million (net of federal benefit on state taxes), if recognized, would affect the effective tax rate. As of December 31, 2011, the balance of the gross unrecognized tax benefit was $8.4 million, of which $7.4 million (net of federal benefit on state taxes), if recognized, would affect the effective tax rate. The remaining balance relates to timing differences. It is reasonably possible that the amount of unrecognized tax benefits in various jurisdictions may change in the next twelve months due to the expiration of statutes of limitation and audit settlements. However, due to the uncertainty surrounding the timing of these events, an estimate of the change within the next twelve months cannot currently be made.

Interest and penalties related to unrecognized tax benefits are recognized in income tax expense. For the three and nine months ended September 29, 2012, the Company expensed $0 and $0.1 million, respectively, for interest. For the three and nine months ended October 1, 2011, the Company expensed $0.1 million and $0.2 million, respectively, for interest.

The Company conducts business in multiple jurisdictions, and as a result, one or more of the Company’s subsidiaries files income tax returns in the U.S. federal, various state, local and foreign jurisdictions. The Company has concluded all U.S. federal income tax matters for each year through 2007. All material state, local and foreign income tax matters have been concluded for each year through 2004.

The provision for income taxes was $5.3 million and $15.7 million, or an effective tax rate of 28.1% and 25.0%, for the three and nine months ended September 29, 2012, respectively. The provision for income taxes was $3.9 million and $17.0 million, or an effective tax rate of 20.7% and 25.5%, for the three and nine months ended October 1, 2011, respectively. Included in the provision for income taxes for the three months ended September 29, 2012 is a $0.4 million income tax benefit related to the derecognition of an uncertain tax position due to the expiration of statutes of limitations. Also, included in the provision for income taxes for the nine months ended September 29, 2012 is a $2.4 million income tax benefit related to the derecognition of an uncertain tax position resulting from the conclusion of a prior year tax audit. The effective tax rate differs from the statutory U.S. federal income tax rate of 35% primarily due to state taxes, permanent differences between pre-tax income for financial reporting purposes and taxable income, state research related tax credits, the recognition and derecognition of tax benefits related to uncertain tax positions and anticipated income in jurisdictions in which the Company does business with different effective tax rates.