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Income Taxes
12 Months Ended
Dec. 25, 2011
Income Taxes
13.  Income Taxes

A summary of the provision for income taxes follows (in thousands):
 
   
2011
   
2010
   
2009
 
Current:
                 
  Federal
  $ 14,383     $ 19,049     $ 18,551  
  Foreign
    1,273       1,171       904  
  State and local *
    850       2,083       2,061  
Deferred (federal and state)
    10,382       4,553       7,469  
Total
  $ 26,888     $ 26,856     $ 28,985  
                         
 
*
The decrease in state and local tax expense is due to the lapse of statute of limitations and a reduction in the state effective tax rate.

Significant deferred tax assets (liabilities) follow (in thousands):
 
 
   
2011
   
2010
 
Unearned development fees
  $ 2,249     $ 2,392  
Accrued liabilities
    14,897       14,647  
Other assets and liabilities
    7,294       10,920  
Stock options
    5,091       6,291  
Other
    -       144  
Foreign net operating losses
    7,474       8,123  
Valuation allowance on foreign net
               
   operating losses
    (7,474 )     (8,123 )
Total deferred tax assets
    29,531       34,394  
                 
Deferred expenses
    (3,497 )     (2,497 )
Accelerated depreciation
    (13,477 )     (10,192 )
Goodwill
    (10,426 )     (8,506 )
Other
    (3,642 )     (3,893 )
Total deferred tax liabilities
    (31,042 )     (25,088 )
Net deferred tax (liability) asset
  $ (1,511 )   $ 9,306  
                 


The Company had approximately $28.8 million and $27.8 million of foreign tax net operating loss carryovers as of December 25, 2011 and December 26, 2010, respectively, for which a full valuation allowance has been provided. A substantial majority of our foreign tax net operating losses do not have an expiration date.
 
The reconciliation of income tax computed at the U.S. federal statutory rate to income tax expense for the years ended December 25, 2011, December 26, 2010 and December 27, 2009 is as follows in both dollars and as a percentage of income before income taxes ($ in thousands):
 
   
2011
   
2010
   
2009
 
   
Income Tax
Expense
   
Income
Tax Rate
   
Income Tax
Expense
   
Income
Tax Rate
   
Income Tax
Expense
   
Income
Tax Rate
 
Tax at U.S. federal statutory rate
  $ 30,197       35.0 %   $ 28,798       35.0 %   $ 31,568       35.0 %
State and local income taxes
    1,702       2.0 %     1,896       2.3 %     2,037       2.2 %
Foreign income taxes
    1,273       1.5 %     1,171       1.4 %     904       1.0 %
Settlement of certain tax issues
    (1,912 )     (2.2 %)     (550 )     (0.7 %)     (1,238 )     (1.4 %)
Income of consolidated partnerships
                                               
   attributable to noncontrolling interests
    (1,379 )     (1.6 %)     (1,297 )     (1.6 %)     (1,397 )     (1.5 %)
Non-qualified deferred compensation
                                               
    plan loss (income)
    153       0.2 %     (434 )     (0.5 %)     (803 )     (0.9 %)
Tax credits and other
    (3,146 )     (3.7 %)     (2,728 )     (3.3 %)     (2,086 )     (2.3 %)
Total
  $ 26,888       31.2 %   $ 26,856       32.6 %   $ 28,985       32.1 %
                                                 
 
Income taxes paid were $15.6 million in 2011, $21.7 million in 2010 and $24.8 million in 2009.

The Company files income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. The Company, with few exceptions, is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2007. The Company is currently undergoing examinations by various tax authorities. The Company anticipates that the finalization of these current examinations and other issues could result in a decrease in the liability for unrecognized tax benefits (and a decrease of income tax expense) of approximately $377,000 during the next 12 months.

A reconciliation of the beginning and ending liability for unrecognized state tax benefits is as follows (in thousands):
 
 
Balance at December 27, 2009
  $ 3,595  
Reductions for lapse of statute of limitations
    (264 )
Balance at December 26, 2010
    3,331  
Reductions for tax positions of prior years
    (95 )
Reductions for lapse of statute of limitations
    (248 )
Balance at December 25, 2011
  $ 2,988  
         
 

The Company recognizes accrued interest and penalties related to unrecognized tax benefits as a part of income tax expense. The Company’s 2011 and 2010 income tax expense includes interest benefits of $368,000 and $145,000, respectively. The Company has accrued approximately $985,000 and $1.4 million for the payment of interest and penalties as of December 25, 2011 and December 26, 2010, respectively.