Quarterly report pursuant to Section 13 or 15(d)

Income Taxes

 v2.3.0.11
Income Taxes
6 Months Ended
Jun. 30, 2011
Income taxes [Abstract]  
INCOME TAXES
NOTE 6 — INCOME TAXES
     Under GAAP, a valuation allowance must be recorded if it is “more likely than not” that such deferred tax assets will not be realized. Appropriate consideration is given to all available evidence (both positive and negative) related to the realization of the deferred tax assets on a quarterly basis.
     In conducting our regular quarterly evaluation, we decided to maintain a full deferred tax asset valuation allowance as of June 30, 2011 based primarily upon the existence of a three-year cumulative loss position. Although our current financial forecasts indicate that sufficient taxable income will be generated in the future to ultimately realize the existing deferred tax benefits, those forecasts were not considered to constitute sufficient positive evidence to overcome the observable negative evidence associated with the three-year cumulative loss position determined as of June 30, 2011.
     At June 30, 2011, the valuation allowance decreased to $82.7 million compared to $88.6 million at March 31, 2011 and $92.7 million at December 31, 2010. This decrease was mainly due to a decrease of deferred tax assets balance related to credit loss provision. We had zero balance of net deferred tax assets as of June 30, 2011 and December 31, 2010. During the first half of 2010, we recorded an additional valuation allowance of $37.8 million against our deferred tax assets, resulting in $83.0 million of valuation allowance at June 30, 2010. There was $1.2 million of net deferred tax liabilities as of June 30, 2010.
     The tax expense recognized for the three and six months ended June 30, 2011 was primarily due to an out-of-period adjustment of $605,000 and $718,000, respectively, to reserve for certain ASC 740-10(FIN 48) exposure items. During the fourth quarter of 2009, the Company recorded a tax benefit upon electing a 5-year net operating loss carryback according to the IRS Code section IRC § 172(b)(1)(H) amended in November 2009. This out -of-period adjustment was to reinstate the reserves that the Company released as the statute of limitations had expired in previous years. Due to the Company filing amended tax returns as a result of the tax law revision, the Company needed to reestablish these reserves. The tax benefit recognized during the first half of 2010 was primarily due to the reversal of FIN 48 reserves related to lower assessment from the result of the State of California Franchise Tax Board audit for the tax year 2005 through 2007.