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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES [Abstract]  
INCOME TAXES
14.   INCOME TAXES

The Company's consolidated Federal, State and City income tax provisions were comprised of the following:

 
 
Year Ended December 31, 2012
 
 
Year Ended December 31, 2011
 
 
Year Ended December 31, 2010
 
 
 
Federal
 
 
State and City
 
 
Total
 
 
Federal
 
 
State and City
 
 
Total
 
 
Federal
 
 
State and City
 
 
Total
 
Current
 
$
21,607
 
 
$
7,351
 
 
$
28,958
 
 
$
25,580
 
 
$
7,231
 
 
$
32,811
 
 
$
22,129
 
 
$
7,469
 
 
$
29,598
 
Deferred
 
 
(1,395
)
 
 
(673
)
 
 
(2,068
)
 
 
(1,145
)
 
 
(78
)
 
 
(1,223
)
 
 
(522
)
 
 
(215
)
 
 
(737
)
   TOTAL
 
$
20,212
 
 
$
6,678
 
 
$
26,890
 
 
$
24,435
 
 
$
7,153
 
 
$
31,588
 
 
$
21,607
 
 
$
7,254
 
 
$
28,861
 

The preceding table excludes tax effects recorded directly to stockholders' equity in connection with unrealized gains and losses on securities available-for-sale (including losses on such securities upon their transfer to held-to-maturity), stock-based compensation plans, and adjustments to other comprehensive income relating to the minimum pension liability, unrecognized gains of pension and other postretirement obligations and changes in the non-credit component of OTTI.  These tax effects are
 
disclosed as part of the presentation of the consolidated Statements of Changes in Stockholders' Equity and Comprehensive Income.

The provision for income taxes differed from that computed at the Federal statutory rate as follows:

 
 
Year Ended December 31,
 
 
 
2012
 
 
2011
 
 
2010
 
Tax at Federal statutory rate
 
$
23,519
 
 
$
27,614
 
 
$
24,587
 
State and local taxes, net of federal income tax benefit
 
 
4,341
 
 
 
4,319
 
 
 
4,549
 
Benefit plan differences
 
 
(114
)
 
 
(122
)
 
 
(286
)
Adjustments for prior period tax returns
 
 
63
 
 
 
185
 
 
 
Investment in BOLI
 
 
(591
)
 
 
(615
)
 
 
(679
)
Adjustment for unrecognized tax (benefits) liabilities
 
 
-
 
 
 
(1,026
)
 
 
79
 
Other, net
 
 
(328
)
 
 
1,233
 
 
 
611
 
TOTAL
 
$
26,890
 
 
$
31,588
 
 
$
28,861
 
Effective tax rate
 
 
40.02
%
 
 
40.04
%
 
 
41.08
%

Deferred tax assets and liabilities are recorded for temporary differences between the book and tax bases of assets and liabilities.  The components of Federal and State and City deferred income tax assets and liabilities were as follows:

 
 
At December 31,
 
Deferred tax assets:
 
2012
  
2011
 
Allowance for loan losses
 
$
9,902
  
$
10,003
 
Employee benefit plans
  
17,681
   
17,523
 
Credit component of OTTI
  
4,052
   
4,705
 
Other
  
1,970
   
1,275
 
Total deferred tax assets
  
33,605
   
33,506
 
Deferred tax liabilities:
        
Tax effect of other components of income on investment securities and MBS
  
86
   
1,467
 
Difference in book and tax carrying value of fixed assets
  
337
   
519
 
Tax effect of purchase accounting fair value adjustments
  
-
   
161
 
Other
  
232
   
811
 
Total deferred tax liabilities
  
655
   
2,958
 
Net deferred tax asset (recorded in other assets)
 
$
32,950
  
$
30,548
 

No valuation allowances were recognized on deferred tax assets during the years ended December 31, 2012 and 2011, since, at each period end, it was more likely than not that the deferred tax assets would be fully realized.

At December 31, 2012 and 2011, the Bank had accumulated bad debt reserves totaling $15,158 for which no provision for income tax was required to be recorded. These bad debt reserves could be subject to recapture into taxable income under certain circumstances, including a distribution of these bad debt benefits to the Holding Company or the failure of the Bank to qualify as a bank for federal income tax purposes.  Should these reserves as of December 31, 2012 be fully recaptured, the Bank would recognize $6,985 in additional income tax expense.

The Company expects to take no action in the foreseeable future that would require the establishment of a tax liability associated with these tax bad debt reserves.

The Company is subject to regular examination by various tax authorities in jurisdictions in which the Company conducts significant business operations.  The Company regularly assesses the likelihood of additional examinations in each of the tax jurisdictions resulting from ongoing assessments.

Under current accounting rules, all tax positions adopted are subjected to two levels of evaluation.  Initially, a determination is made, based on the technical merits of the position, as to whether it is more likely than not that a tax position will be sustained upon examination, including resolution of any related appeals or litigation processes. In conducting this evaluation, management is required to presume that the position will be examined by the appropriate taxing authority possessing full knowledge of all relevant information. The second level of evaluation is the measurement of a tax position that satisfies the more-likely-than-not recognition threshold.  This measurement is performed in order to determine the amount of benefit to recognize in the financial statements. The tax position is measured at the largest amount of benefit that is greater than 50 percent likely to be realized
 
upon ultimate settlement.  The Company had no unrecognized tax benefits as of December 31, 2012 and 2011.

The following table reconciles the Company's gross unrecognized tax benefits for the periods indicated:

 
 
Year Ended December 31,
 
 
 
2012
 
 
2011
 
 
2010
 
Gross unrecognized tax benefits at the beginning of the period
 
 
-
 
 
$
1,408
 
 
$
1,408
 
Lapse of statue of limitations
 
 
-
 
 
 
-
 
 
 
-
 
Settlement with taxing jurisdictions
 
 
-
 
 
 
-
 
 
 
-
 
Gross increases – current period tax positions
 
 
-
 
 
 
-
 
 
 
-
 
Gross decreases – current period tax positions
 
 
-
 
 
 
-
 
 
 
-
 
Gross increases – prior period tax positions
 
 
-
 
 
 
-
 
 
 
-
 
Gross decreases – prior period tax positions
 
 
-
 
 
 
(1,408
)
 
 
-
 
Gross unrecognized tax benefits at the end of the period
 
 
-
 
 
$
-
 
 
$
1,408
 
Interest associated with unrecognized tax benefits approximated $677 at December 31, 2010.  The Company recognized interest accrued related to unrecognized tax benefits and penalties as income tax expense.  Related to the unrecognized tax benefits noted above, the Company, at December 31, 2010, had an unrecognized tax liability for interest of $440, and no unrecognized tax liability for penalties.  The liability totaling $440 for interest was eliminated during the year ended December 31, 2011.

As of December 31, 2012, the tax years ended December 31, 2009, 2010, 2011 and 2012 remained subject to examination by all of the Company's relevant tax jurisdictions.  While the Company is currently under audit by certain taxing jurisdictions, no material impact to the financial statements is expected to result from these examinations.