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INCOME TAXES
9 Months Ended
Sep. 29, 2012
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
The Company’s tax provision of approximately $470,500 and $1,335,500 for the three and nine months ended September 29, 2012, respectively, and $98,000 and $293,000 for the corresponding periods in 2011, represents state income taxes and foreign tax expenses, which are partially offset by tax credits.
As of September 29, 2012, the Company has available for tax purposes U.S. federal NOLs of $22.1 million expiring through 2032. The Company has recognized a full valuation allowance on its domestic and certain foreign net deferred tax assets due to the uncertainty of realization of such assets. The Company has not historically recorded, nor does it intend to record the tax benefits from stock awards until realized. Unrecorded benefits from stock awards approximate $13.1 million.
The Company’s income tax returns have not been examined by the Internal Revenue Service and are subject to examination for all years since 2002. State income tax returns are generally subject to examination for a period of 3 to 5 years after filing of the respective return. The state impact of any federal changes remains subject to examination by various states for a period of up to one year after formal notification to the states.