INCOME TAXES

The Company reported the following operating results for the periods presented (in thousands):



	Three months ended
	March 28, 2014			March 29, 2013
Loss from continuing operations before income taxes	$	(7,133	)	$	(14,970	)
Benefit from income taxes	$	(1,723	)	$	(5,467	)
Effective income tax rate	24.2		%	36.5		%

The Company's quarterly income taxes reflect an estimate of the corresponding fiscal year's annual effective tax rate and include, where applicable, adjustments for discrete tax items. In the three months ended March 28, 2014, the Company's effective income tax rate was 24.2% as compared to 36.5% in the corresponding period of 2013, primarily due to the change in the mix of pretax income and losses in the various tax jurisdictions in which the Company operates.

The Company's effective rate for the three months ended March 28, 2014 is lower than the U.S. federal statutory rate of 35% primarily due to favorable tax rates associated with certain earnings from operations in lower-tax jurisdictions, partially offset by the detriment from non-deductible stock-based compensation and non-deductible amortization of foreign intangibles, and the net of various discrete tax adjustments. For the three months ended March 28, 2014, the discrete adjustments to the Company's tax benefit were primarily the accrual of interest on uncertain tax positions.

The Company files federal, state, and foreign income tax returns in jurisdictions with varying statutes of limitations during which such tax returns may be audited and adjusted by the relevant tax authorities. The U.S. Internal Revenue Service has concluded its audit for the 2008 and 2009 tax years. In addition, the statute of limitations on the Company's 2008 and 2009 U.S. corporate income tax return expired in September 2013 and, as a result, in the third quarter of 2013, the Company released the related tax reserves, including accrued interest and penalties, for those tax years. The 2010 through 2012 tax years generally remain subject to examination by U.S. federal and most state tax authorities and the statute of limitation for the 2010 tax year will be expiring in September 2014. In significant foreign jurisdictions, the 2006 through 2012 tax years generally remain subject to examination by their respective tax authorities.

The Company's operations in Switzerland are subject to a reduced tax rate under the Switzerland tax holiday which requires various thresholds of investment and employment in Switzerland. The Company has met these various thresholds and the Switzerland tax holiday is effective through the end of 2018.

As of March 28, 2014, the total amount of gross unrecognized tax benefits, including interest and penalties, was approximately $26.1 million, that if recognized, would affect the Company's effective tax rate. The Company recognizes interest and penalties related to unrecognized tax positions in income tax expense. The Company had $1.7 million of gross interest and penalties accrued as of March 28, 2014. The Company will continue to review its tax positions and provide for, or reverse, unrecognized tax benefits as issues arise. As of March 28, 2014, the Company anticipates that the balance of gross unrecognized tax benefits will decrease up to approximately $10 million due to expiration of the applicable statues of limitations over the next 12 months.

The Company assesses the realizability of its deferred tax assets on a quarterly basis. A valuation allowance may be recorded in the event it is deemed to be more-likely-than-not that the deferred tax asset cannot be realized.The Company believes, based on the quarterly assessment performed at March 28, 2014, that it is possible that a valuation allowance may be required in the future.