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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes  
Income Taxes

10. Income Taxes

 

Total income tax expense or benefit for 2012, 2011 and 2010 was as follows (in thousands):

 

Holdings

 

 

 

Year ended December 31,

 

 

 

2012

 

2011

 

2010

 

Current:

 

 

 

 

 

 

 

Federal

 

$

 

$

 

$

(268

)

State

 

1,943

 

4,254

 

3,469

 

Total current tax provision

 

1,943

 

4,254

 

3,201

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

Federal

 

 

(20,991

)

(28,797

)

State

 

549

 

(4,430

)

(3,544

)

Total deferred tax provision

 

549

 

(25,421

)

(32,341

)

 

 

 

 

 

 

 

 

Total income tax expense (benefit)

 

$

2,492

 

$

(21,167

)

$

(29,140

)

 

Guitar Center 

 

 

 

Year ended December 31,

 

 

 

2012

 

2011

 

2010

 

Current:

 

 

 

 

 

 

 

Federal

 

$

20,005

 

$

4,917

 

$

16,004

 

State

 

4,750

 

3,620

 

1,335

 

Total current tax provision

 

24,755

 

8,537

 

17,339

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

Federal

 

(16,584

)

(29,171

)

(16,823

)

State

 

(1,268

)

(3,516

)

(2,778

)

Total deferred tax provision

 

(17,852

)

(32,687

)

(19,601

)

 

 

 

 

 

 

 

 

Total income tax expense (benefit)

 

$

6,903

 

$

(24,150

)

$

(2,262

)

 

Actual income taxes differ from the statutory tax rate of 35% as applied to net income or loss before income taxes as follows (in thousands):

 

Holdings

 

 

 

Year ended December 31,

 

 

 

2012

 

2011

 

2010

 

Expected income tax benefit

 

$

(24,387

)

$

(90,337

)

$

(29,622

)

State income taxes, net of federal tax benefit

 

2,492

 

(1,463

)

(440

)

Goodwill impairment

 

 

37,460

 

 

Stock options

 

567

 

 

(159

)

Change in valuation allowance

 

23,348

 

32,247

 

 

Meals & entertainment and non-deductible items

 

352

 

348

 

337

 

Other

 

120

 

578

 

744

 

 

 

 

 

 

 

 

 

Actual income tax expense (benefit)

 

$

2,492

 

$

(21,167

)

$

(29,140

)

 

Guitar Center

 

 

 

Year ended December 31,

 

 

 

2012

 

2011

 

2010

 

Expected income tax expense (benefit)

 

$

3,604

 

$

(62,249

)

$

(3,894

)

State income taxes, net of federal tax benefit

 

2,280

 

(253

)

746

 

Goodwill impairment

 

 

37,460

 

 

Stock options

 

567

 

 

(159

)

Meals & entertainment and non-deductible items

 

352

 

348

 

337

 

Other

 

100

 

544

 

708

 

 

 

 

 

 

 

 

 

Actual income tax expense (benefit)

 

$

6,903

 

$

(24,150

)

$

(2,262

)

 

The tax effects of temporary differences that give rise to significant portions of deferred tax assets and liabilities are presented below (in thousands):

 

 

 

Holdings

 

Guitar Center

 

 

 

December 31,

 

December 31,

 

 

 

2012

 

2011

 

2012

 

2011

 

Deferred tax assets:

 

 

 

 

 

 

 

 

 

Net operating loss

 

$

50,194

 

$

43,179

 

$

 

$

 

State net operating loss carryforward

 

2,247

 

2,042

 

 

 

Accrued liabilities

 

26,488

 

26,572

 

26,688

 

26,572

 

Merchandise inventories

 

3,215

 

2,961

 

3,215

 

2,961

 

Intangibles

 

8,743

 

8,084

 

8,743

 

8,084

 

Stock options

 

2,504

 

2,652

 

2,504

 

2,652

 

Capital loss carryover

 

133

 

129

 

133

 

129

 

Fixed assets

 

4,893

 

(2,203

)

4,893

 

(2,203

)

Total gross deferred tax assets

 

98,417

 

83,416

 

46,176

 

38,195

 

Less valuation allowance

 

(58,210

)

(32,558

)

(310

)

(310

)

Net deferred tax assets

 

40,207

 

50,858

 

45,866

 

37,885

 

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

 

Depreciation

 

(5,534

)

(5,813

)

(5,534

)

(5,813

)

Intangibles

 

(110,864

)

(120,196

)

(110,864

)

(120,196

)

Other

 

(181

)

(441

)

(181

)

(441

)

Total gross deferred tax liabilities

 

(116,579

)

(126,450

)

(116,579

)

(126,450

)

 

 

 

 

 

 

 

 

 

 

Net deferred tax liabilities

 

$

(76,372

)

$

(75,592

)

$

(70,713

)

$

(88,565

)

 

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible.

 

We consider scheduled reversals of deferred tax liabilities, projected future taxable income and tax planning strategies in making this assessment.

 

Based on the available objective evidence, management believes it is more likely than not that Holdings will not fully realize the benefits of its deductible temporary differences. Accordingly, we increased the valuation allowance on Holdings’ federal and state net operating losses and other deferred tax assets by $25.7 million in 2012 and $32.2 million in 2011.

 

Holdings’ available unused net operating loss carryforwards, which may be applied against future taxable income, expire in tax years between 2027 and 2031.

 

We account for the tax benefit resulting from the employee exercises of non-qualifying stock options or the disqualified disposition of incentive stock options as a reduction in income tax payable and an increase to additional paid-in capital.

 

Holdings’ charge in lieu of taxes attributable to tax benefit from employee stock options was $0.6 million in 2010. There was no charge in lieu of taxes attributable to tax benefit from employee stock options in 2012 or 2011.

 

The reconciliation of unrecognized tax benefits in 2012, the balance of which is classified as other current assets in the consolidated balance sheet, is as follows (in thousands):

 

Balance at January 1, 2012

 

$

1,245

 

Additions based on tax positions of current years

 

 

Additions based on tax positions of prior years

 

181

 

Reductions based on tax positions of prior years

 

(133

)

Balance at December 31, 2012

 

$

1,293

 

 

The amount of unrecognized tax benefits that, if recognized, would impact the effective rate as of December 31, 2012 was $1.3 million.

 

As of December 31, 2012 and 2011, accrued interest and penalties related to uncertain tax positions were not material. Our policy is to classify interest and penalties as income tax expense.

 

Tax years that remain subject to examination are 2009 and forward by the Internal Revenue Service and 2008 and forward by other state and local jurisdictions. It is reasonably possible that our recognized tax benefit could change. However, we do not expect any such change to be material.