Income Taxes

The provisions for income taxes were as follows:



	Fiscal Year Ended
	December 26, 2012			December 28, 2011			December 29, 2010
	(In thousands)
Current:
Federal	$	875		$	—		$	—
State, foreign and other	1,148			1,919			1,058
Deferred:
Federal	9,683			2,879			235
State, foreign and other	1,740			344			88
Provision for income taxes before release of valuation allowance	13,446			5,142			1,381
Release of valuation allowance	(661		)	(89,102		)	—
Total provision for (benefit from) income taxes	$	12,785		$	(83,960	)	$	1,381

As of December 29, 2010, we had a full valuation allowance against certain of our deferred tax assets, consisting primarily of net operating loss carryforwards, temporary differences and state and general business credits. Based upon our operating results over recent years, as well as an assessment of our expected future results of operations, during the year ended December 28, 2011, we determined that it is more likely than not that certain of our deferred tax assets will be utilized. As a result, we released the majority of our valuation allowance, recognizing a tax benefit of $89.1 million. The release of our valuation allowance was determined in accordance with the provisions of ASC 740, which require an assessment of both positive and negative evidence when determining whether it is more likely than not that deferred tax assets are recoverable. Of the valuation allowance remaining, approximately $2.0 million, if released, will be credited directly to paid-in capital.

It is more likely than not that we will be able to utilize most of our federal net operating loss and credit carryforwards prior to expiration. In addition, it is more likely than not we will be able to utilize all of our existing temporary differences and a portion of our state tax net operating losses and state tax credit carryforwards prior to their expiration.

The reconciliation of income taxes at the U.S. federal statutory tax rate to our effective tax rate was as follows:



	December 26, 2012		December 28, 2011		December 29, 2010
Statutory provision rate	35	%	35	%	35	%
State, foreign, and other taxes, net of federal income tax benefit	5		6		3
Wage addback (deductions) on income tax credits earned (expired), net	2		(4	)	(9	)
Portion of net operating losses, temporary differences and unused income tax credits resulting from the valuation allowance	—		—		(24	)
General business credits generated	(7	)	(14	)	—
Other	3		(4	)	1
	38	%	19	%	6	%
Release of valuation allowance	(2	)	(315	)	—
Effective tax rate	36	%	(296	)%	6	%

During the years ended December 26, 2012, December 28, 2011 and December 29, 2010, the statutory provision rate included reductions of 2%, 315% and 24%, respectively, principally related to the reversal or change of valuation allowances associated with the utilization of net operating losses, temporary differences and alternative minimum tax credits. Specifically, during 2012, we recorded a benefit of $0.7 million. During 2011, we recorded a benefit of $89.1 million related to the release of the majority of the valuation allowance. During fiscal 2010, we recorded a $1.1 million, or 5%, increase in the valuation allowance related to net operating losses, a $7.2 million, or 30%, reduction in the valuation allowance related to temporary differences and a $0.3 million, or 1%, increase in the valuation allowance related to other items.

Also during 2012, we recorded a $1.7 million out-of-period discrete tax adjustment related to the reversal of a portion of the income tax benefit recorded in fourth quarter of 2011. This out-of-period adjustment was not material to any prior or current year financial statements or on earnings trends. In addition, a $1.6 million tax benefit was recorded in 2012 relating to additional state credits generated during 2012 from prior years' activity.

The following table represents the approximate tax effect of each significant type of temporary difference that resulted in deferred income tax assets or liabilities.



	December 26, 2012			December 28, 2011
	(In thousands)
Deferred tax assets:
Self-insurance accruals	$	9,314		$	10,048
Capitalized leases	3,023			3,577
Accrued exit cost	2,158			2,260
Fixed assets	10,707			13,508
Pension, other retirement and compensation plans	14,778			17,145
Other accruals	1,050			—
Future deductions on expired wage based credits	—			1,535
Alternative minimum tax credit carryforwards	12,948			12,409
General business credit carryforwards - state and federal	35,105			35,769
Net operating loss carryforwards - state	13,398			24,587
Net operating loss carryforwards - federal	—			5,371
Total deferred tax assets before valuation allowance	102,481			126,209
Less: valuation allowance	(12,860		)	(22,700		)
Total deferred tax assets	89,621			103,509
Deferred tax liabilities:
Intangible assets	(23,818		)	(24,610		)
Deferred finance costs	(220		)	(2,583		)
Other assets	—			(161		)
Total deferred tax liabilities	(24,038		)	(27,354		)
Net deferred tax asset	$	65,583		$	76,155

Net deferred tax assets are classified as follows:
Current	$	19,807		$	15,519
Noncurrent	45,776			60,636
Total	$	65,583		$	76,155

At December 26, 2012, we had available, on a consolidated basis, federal general business credit carryforwards of approximately $37.2 million, most of which expire between 2019 and 2032, and alternative minimum tax ("AMT") credit carryforwards of approximately $12.9 million, which never expire. We also had available regular NOL and AMT NOL carryforwards of approximately $0.5 million and $117.0 million, respectively, which expire between 2021 and 2030. Approximately $0.5 million of these net operating loss carryforwards and $3.7 million of general business credit carryforwards are unrecognized in the schedule above and on our Consolidated Balance Sheets as a result of the application of ASC Paragraph 718-740-25-10, which delays their recognition until they reduce taxes payable.

The South Carolina net operating loss carryforwards represent 73% of the total state net operating loss carryforwards.

Prior to 2005, Denny’s had ownership changes within the meaning of Section 382 of the Internal Revenue Code. Because of these changes, the amount of our NOL carryforwards along with any other tax carryforward attribute, for periods prior to the dates of change, are limited to an annual amount which may be increased by the amount of our net unrealized built-in gains at the time of any ownership change recognized in that taxable year. Prior to 2011, a valuation allowance was established for a significant portion of these deferred tax assets since it was our position that it was more likely than not the tax benefit would not be realized from these assets. In conjunction with our ongoing review of our actual results and anticipated future earnings, we reassessed the possibility of releasing a portion or all of the valuation allowance currently in place for our deferred tax assets. Based upon this assessment, a release of the valuation allowance was appropriate as of December 28, 2011. It is our position that any pre-2005 credits or net operating loss carryforwards can be utilized due to the total amount of unrealized built-in gains recognized and annual limitation accumulated as of December 26, 2012. The occurrence of an additional ownership change could limit our ability to utilize our current net operating losses and income tax credits generated after 2004.

There were no unrecognized tax benefits as of December 26, 2012, and December 28, 2011. We do not expect the unrecognized tax benefits to increase over the next twelve months. As of and for the years ended December 26, 2012, and December 28, 2011, there were no interest and penalties recognized in our Consolidated Balance Sheets and Consolidated Statements of Income.

We file income tax returns in the U.S. federal jurisdictions and various state jurisdictions. With few exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2008. We remain subject to examination for U.S. federal taxes for 2010, 2011 and 2012 and in the following major state jurisdictions: California (2008-2012); Florida (2010-2012) and Texas (2008-2012).