XML 52 R13.htm IDEA: XBRL DOCUMENT v2.4.0.6
Note 7 - Income Taxes
3 Months Ended
Mar. 31, 2013
Income Tax Disclosure [Text Block]
7. INCOME TAXES

For the three months ended March 31, 2013, the Company recorded a provision for income taxes of $0.1 million on income before income taxes of $0.2 million, using an estimated effective tax rate for its 2013 fiscal year adjusted for certain minimum state taxes. Comparatively, for the three months ended March 31, 2012, the Company recorded a provision for income taxes of $0.8 million on income before taxes of $2.5 million, using an estimated effective tax rate for its 2012 fiscal year.

The effective tax rate for the three months ended March 31, 2013 differs from the effective rate for the comparative period ended March 31, 2012 as a result of state taxes.

In assessing the realizability of deferred tax assets, the Company considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the years in which those temporary differences become deductible. The Company considers projected future taxable income, uncertainties related to the industry in which they operate, and tax planning strategies in making this assessment.

The Company follows the provisions of FASB ASC Topic 740, Income Taxes to account for income tax exposures. The application of this interpretation requires a two-step process that separates recognition of uncertain tax benefits from measurement thereof.

The Company had approximately $0.4 million of total gross unrecognized tax benefit as of March 31, 2013 and $0.4 million of total gross unrecognized tax benefit as of December 31, 2012, which if recognized would favorably affect its income tax rate in future periods. The unrecognized tax benefit relates primarily to prior year Pennsylvania state franchise taxes, unrecognized tax benefits for potential 2012 research and development tax credits as well as prior year German income tax. The Company recognizes accrued interest and penalties related to income taxes in income tax expense. The Company did not have significant interest and penalties accrued at March 31, 2013 and December 31, 2012, respectively. The Company believes that it is reasonably possible that all of the unrecognized tax benefits will decrease in the next twelve months as it is anticipated that the tax authorities will finalize their review of prior taxes owing in Pennsylvania and Germany and the 2012 Canadian research and development claim will be filed and assessed.