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INCOME TAXES
9 Months Ended
Sep. 30, 2012
INCOME TAXES

NOTE 10 — INCOME TAXES

The Company calculates its quarterly tax provision in accordance with the guidance provided by ASC 740-270, “Interim Income Tax Accounting,” whereby the Company forecasts its estimated annual effective tax rate and then applies that rate to its year-to-date pre-tax book income (loss). The Company recorded an income tax benefit of $1.4 million and $3.3 million for the three and nine months ended September 30, 2011, respectively. The tax benefit was primarily due to the Company’s ability to carry back its anticipated 2011 Federal income tax loss to the prior two tax years. The Company’s income tax (expense) benefit for the three and nine months ended September 30, 2012 were not material.

Based upon the weight of available evidence, which includes the Company’s historical operating performance, reported cumulative net losses since inception, and expected continuing net loss, the Company has established and continues to maintain a full valuation allowance against its deferred tax assets as the Company does not currently believe that realization of those assets is more likely than not.