Quarterly report pursuant to Section 13 or 15(d)

Income Taxes

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Income Taxes
9 Months Ended
Sep. 30, 2011
Income Taxes [Abstract]  
INCOME TAXES
NOTE 13—INCOME TAXES
Our effective tax rate was (4.01%) and (2.84%) for the three and nine month periods ended September 30, 2011, respectively, as compared to (1.04%) and (0.43%) for three and nine month periods ended September 30, 2010. Our effective rates differ from the U.S. federal statutory rate primarily due to our U.S. and foreign deferred tax asset valuation allowance position, foreign taxes and state taxes.
As of December 31, 2010, we had cumulative unrecognized tax benefit of approximately $91,000, which if recognized, would increase our annual effective tax rate. We do not expect that our unrecognized tax benefit will change significantly within the next 12 months. There have been no material changes to the unrecognized tax benefit during the three and nine month periods ended September 30, 2011.
We periodically evaluate likelihood of the realization of deferred tax assets, and adjust the carrying amount of the deferred tax assets by the valuation allowance to the extent the future realization of the deferred tax assets is not judged to be more likely than not. We considered many factors when assessing the likelihood of future realization of our deferred tax assets, including any recent cumulative earnings experience by taxing jurisdictions, expectations of future taxable income or loss, the carryforward periods available to us for tax reporting purposes and other relevant factors.
At December 31, 2010, we had federal and state net operating loss (NOL) carryforward balances of approximately $66.1 million and $41.0 million respectively, which began to expire in 2011. In addition, we had federal and state tax credits of approximately $665,000 and $458,000 respectively. Federal credits will begin to expire in 2018 and the state tax credits carryforward indefinitely.
As of December 31, 2010, based on the weight of available evidence, including cumulative losses in recent years and expectations regarding future taxable income, realization of our deferred tax assets does not appear more likely than not and, as such, we have recorded a valuation allowance of approximately $34.3 million. In addition, we recorded a deferred tax liability related to its indefinite-lived other intangible assets that is not expected to reverse in the foreseeable future resulting in a net deferred tax liability of approximately $533,000. As of September 30, 2011, due to uncertainties surrounding the timing of realizing tax benefits of NOL carryforwards in the future, we continue to carry the full valuation allowance net of the naked liability.