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Income Taxes
6 Months Ended
Jun. 30, 2013
Income Taxes  
Income Taxes

4.             Income Taxes

 

We base the provision for income taxes upon estimated annual effective tax rates in the tax jurisdictions in which we operate.  For the three months ended June 30, 2013 and 2012, our effective tax rate was 41.0% and 40.5%, respectively.  For the first six months of 2013 and 2012, our effective tax rate was 41.0% and 40.3%, respectively.  The higher tax rate for the three and six months ended June 30, 2013 as compared to the same periods in 2012 resulted primarily from the impact of federal graduated tax rates on our estimated annual taxable income. In addition, we recognized benefits from approximately $27,000 and $48,000, respectively, of discrete item adjustments during the three and six months ended June 30, 2012. These adjustments decreased our effective tax rate to 40.5% and 40.3%, respectively, for the three and six months ended June 30, 2012. We did not recognize any such benefits from discrete item adjustments during the three and six months ended June 30, 2013.  We expect our annual effective tax rate for 2013 to be 41.0%.

 

As part of the process of preparing financial statements, we estimate federal and state income taxes. Management estimates the actual current tax exposure together with assessing temporary differences resulting from different treatment for tax and accounting purposes. These differences result in deferred tax assets and liabilities, which we include within our balance sheet. Management must then assess the likelihood that we will utilize deferred tax assets to offset future taxable income during the periods in which we may deduct these temporary differences.  For the three and six months ended June 30, 2013, we recorded income tax expense of $2.0 million and $2.8 million, respectively, with an effective tax rate of 41.0% for both periods.

 

We assess our uncertain tax positions for tax years that are still open for examination.  As of June 30, 2013 and 2012, we had no unrecognized tax benefits which would affect our effective tax rate if recognized.

 

We classify interest and penalties arising from the underpayment of income taxes in the statement of operations under general and administrative expenses. As of June 30, 2013 and 2012, we had no accrued interest or penalties related to uncertain tax positions. The tax years 2009-2012 remain open to examination by both the Federal government and by other major income taxing jurisdictions to which we are subject.

 

Our ability to utilize a portion of our net operating loss carryforwards to offset future taxable income is subject to certain limitations under Section 382 of the Internal Revenue Code due to changes in our equity ownership.  We do not believe that an ownership change under Section 382 has occurred, and therefore, no such limitations exist.