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

10. Income Taxes

  • Provision for Income Taxes

        The provision for income taxes relating to continuing operations consists of the following (in thousands):

 
  December 31,  
 
  2012   2011   2010  

Current—

                   

Federal

  $ 5,679   $ 2,207   $ 9,474  

State and Puerto Rico

    1,151     1,673     1,954  
               

 

    6,830     3,880   11,428  
               

Deferred—

                   

Federal

    2,897     (10,121 )   1,501

State and Puerto Rico

    318     778     (1,736 )
               

 

    3,215     (9,343 )   (235 )
               

 

  $ 10,045   $ (5,463 ) $ 11,193  
               

        The difference in income taxes provided for and the amounts determined by applying the federal statutory tax rate to income before income taxes results from the following (in thousands):

 
  December 31,  
 
  2012   2011   2010  

Income tax expense (benefit) at the statutory rate

  $ 7,539   $ (13,278 ) $ 11,115  

Changes resulting from—

                   

State income taxes, net of federal tax effect

    1,011     (1,972 )   924  

Increase (decrease) in valuation allowance

    455     3,431     (846 )

Increase in contingency reserves

    198     28     95  

Increase (decrease) from noncontrolling interests

    565     (118 )    

Non-deductible expenses

    481     386     452  

Production activity deduction

    (378 )       (391 )

Goodwill impairment

        9,223      

Purchase accounting adjustments

    (210 )   (2,992 )    

Other

    384     (171 )   (156 )
               

 

  $ 10,045   $ (5,463 ) $ 11,193  
               
  • Deferred Tax Assets (Liabilities)

        Significant components of the net deferred tax assets and net deferred tax liabilities as reflected on the balance sheet are as follows (in thousands):

 
  Year Ended
December 31,
 
 
  2012   2011  

Deferred income tax assets—

             

Accounts receivable and allowance for doubtful accounts

  $ 2,293   $ 1,692  

Goodwill

        4,519  

Stock compensation

    2,444     2,583  

Accrued liabilities and expenses

    19,661     20,809  

State net operating loss carryforwards

    4,668     4,604  

Other

    1,224     1,186  
           

Total deferred income tax assets

    30,290     35,393  
           

Deferred income tax liabilities—

             

Property and equipment

    (5,357 )   (5,828 )

Long-term contracts

    (306 )   (237 )

Goodwill

    (1,124 )    

Intangible assets

    (3,932 )   (4,762 )

Tax accounting method change (Section 481 adjustments)

        (2,978 )

Other

    (1,131 )   (671 )
           

Total deferred income tax liabilities

    (11,850 )   (14,476 )
           

Less—Valuation allowance

    (4,453 )   (3,999 )
           

Net deferred income tax assets

  $ 13,987   $ 16,918  
           

        The deferred income tax assets and liabilities reflected above are included in the consolidated balance sheets as follows (in thousands):

 
  December 31,  
 
  2012   2011  

Deferred income tax assets—

             

Prepaid expenses and other

  $ 19,952   $ 19,294  

Other noncurrent assets

    2,324     2,594  
           

Total deferred income tax assets

  $ 22,276   $ 21,888  
           

Deferred income tax liabilities—

             

Other current liabilities

  $ 335   $ 328  

Deferred income tax liabilities

    7,954     4,642  
           

Total deferred income tax liabilities

  $ 8,289   $ 4,970  
           

        As of December 31, 2012, we had $4.9 million of future tax benefits related to $99.9 million of available state and Puerto Rican net operating loss carryforwards ("NOLs") which expire between 2013 and 2032. A valuation allowance of $4.5 million has been recorded against net deferred tax assets of state and Puerto Rican NOLs and other state and Puerto Rican deferred tax assets. We recorded an increase in valuation allowances of $0.5 million for the year ended December 31, 2012. A deferred tax asset for state NOLs, net of related valuation allowance, of $1.9 million reflects our conclusion that it is likely that this asset will be realized based upon expected future earnings in certain subsidiaries. We update this assessment of the realizability of deferred tax assets relating to state net NOLs annually. A return to profitability in our entities with valuation allowances on their NOL's and deferred tax assets would result in a reversal of a portion of the valuation allowance relating to realized deferred tax assets. A sustained period of profitability could cause a change in our judgment of the remaining deferred tax assets. If that were to occur then it is likely that we would reverse some or all of the remaining deferred tax asset valuation allowance.

        As of December 31, 2012 and 2011, approximately $0.3 million and $0.5 million, respectively, of unrecognized tax benefits, if recognized in future periods, would impact our effective tax rate. This liability is included in "Other Long-Term Liabilities" in the consolidated balance sheets. We do not expect that the total amount of unrecognized tax benefits will significantly increase or decrease within the next twelve months.

        We recognize potential interest and penalties related to unrecognized tax benefits in income tax expense. We recognized $0.4 million in interest during the year ended December 31, 2012. We did not recognize any interest or penalties during the year ended December 31, 2011. We had accrued approximately $0.7 million and $0.3 million for the payment of interest and penalties at December 31, 2012 and 2011, respectively. Our tax records are subject to review by the Internal Revenue Service for the 2009 tax year forward and by various state authorities for the 2004 tax year forward. We are currently under examination for our U.S. federal income taxes for the 2009 tax year.

  • Liabilities for Uncertain Tax Positions

        A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 
  Year Ended
December 31,
 
 
  2012   2011   2010  

Balance at beginning of year

  $ 696   $ 696   $ 634  

Additions based on tax positions related to the current year

            189  

Additions for tax positions of prior years

             

Reductions for tax positions of prior years

    (197 )       (127 )

Settlements

             
               

Balance at end of year

  $ 499   $ 696   $ 696