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Taxes on Income
12 Months Ended
Dec. 31, 2012
Taxes on Income [Abstract]  
Taxes on Income
9.        Taxes on Income

The tax effects of significant items comprising the Company's net deferred tax assets (liabilities) are as follows:

 
December 31,
 
   (In thousands)
 
2012
 
 
2011
 
Deferred tax assets:
 
 
 
 
 
 
   Credit losses not currently deductible
 
$
4,391
 
 
$
5,016
 
   State franchise tax
 
 
0
 
 
 
0
 
   Deferred compensation
 
 
1,912
 
 
 
1,797
 
   Net operating losses
 
 
7,773
 
 
 
9,581
 
   Depreciation
 
 
518
 
 
 
344
 
   Accrued reserves
 
 
194
 
 
 
164
 
   Write-down on other real estate owned
 
 
3,283
 
 
 
2,873
 
   Impairment loss on CMO's
 
 
0
 
 
 
1,214
 
   Capitalized OREO expenses
 
 
793
 
 
 
1,371
 
   Unrealized loss on AFS securities
 
 
0
 
 
 
209
 
   Other
 
 
1,908
 
 
 
1,356
 
Total deferred tax assets
 
 
20,772
 
 
 
23,925
 
Deferred tax liabilities:
 
 
 
 
 
 
 
 
   State Tax
 
 
(1,889
)
 
 
(2,245
)
   FHLB dividend
 
 
(103
)
 
 
(201
)
   Loss on  limited partnership investment
 
 
(1,695
)
 
 
(2,283
)
   Unrealized gain on AFS
 
 
(458
)
 
 
0
 
   Deferred gain SFAS No. 159 – fair value option
 
 
(2,819
)
 
 
(3,166
)
   Fair value adjustments for purchase accounting
 
 
(123
)
 
 
(122
)
   Interest on nonaccrual loans
 
 
(368
)
 
 
(101
)
   Deferred loan costs
 
 
(602
)
 
 
(228
)
   Prepaid expenses
 
 
(305
)
 
 
(408
)
Total deferred tax liabilities
 
 
(8,362
)
 
 
(8,754
)
Valuation Allowance
 
 
(2,686
)
 
 
(3,686
)
Net deferred tax assets
 
$
9,724
 
 
$
11,485
 
 
The Company periodically evaluates its deferred tax assets to determine whether a valuation allowance is required based upon a determination that some or all of the deferred assets may not be ultimately realized. At December 31, 2012 and 2011, the Company had a recorded valuation allowance of $2.7 million and $3.7 million, respectively.  There was no valuation allowance recorded prior to December 31, 2011.
 
Taxes on income for the years ended December 31, consist of the following:

   (In thousands)
 
 
 
 
 
 
 
 
 
2012:
 
Federal
 
 
State
 
 
Total
 
Current
 
$
719
 
 
$
(416
)
 
$
303
 
Deferred
 
 
466
 
 
 
764
 
 
 
1,230
 
 
$
1,185
 
 
$
348
 
 
$
1,533
 
2011:
 
 
 
 
 
 
 
 
 
 
 
 
Current
 
$
(1,468
)
 
$
2,151
 
 
$
683
 
Deferred
 
 
1,182
 
 
 
(3,580
)
 
 
(2,398
)
 
$
(286
)
 
$
(1,429
)
 
$
(1,715
)
 
A reconciliation of the statutory federal income tax rate to the effective income tax rate is as follows:
 
 
 
 Years Ended December 31,
 
 
2012
 
 
2011
 
Statutory federal income tax rate
 
 
34.0
%
 
 
(34.0
%)
State franchise tax, net of federal income tax benefit
 
 
3.0
 
 
 
(10.1
)
Tax exempt interest income
 
 
0
 
 
 
0
 
Low Income Housing – federal credits
 
 
(1.1
)
 
 
0
 
Cash surrender value of life insurance
 
 
(2.4
)
 
 
(1.4
)
Goodwill impairment
 
 
0
 
 
 
4.4
 
Valuation Allowance
 
 
(13.2
)
 
 
27.4
 
Other
 
 
(0.1
)
 
 
0
 
 
 
 
20.2
%
 
 
(13.7
%)

At December 31, 2012 the Company has remaining federal net operating loss carry-forwards totaling $6.7 million, and remaining state net operating loss carry-forwards totaling $50.8 million which expire between 2016 and 2031.

The Company periodically reviews its tax positions under the accounting standards related to uncertainty in income taxes, which defines the criteria that an individual tax position would have to meet for some or all of the income tax benefit to be recognized in a taxable entity's financial statements. Under the guidelines, an entity should recognize the financial statement benefit of a tax position if it determines that it is more likely than not that the position will be sustained on examination. The term, "more likely than not", means a likelihood of more than 50 percent. In assessing whether the more-likely-than-not criterion is met, the entity should assume that the tax position will be reviewed by the applicable taxing authority and all available information is known to the taxing authority.

The Company and its subsidiary file income tax returns in the U.S federal jurisdiction, and several states within the U.S. There are no filings in foreign jurisdictions. During 2010, the Company amended its federal tax returns for the year 2004 through 2009 to utilize the five-year NOL carry-back provisions allowed by the IRS for 2009. These amended tax returns were audited by the IRS and the examination was finalized during the first quarter of 2013 and the settlement did not have a material impact on the Company's financial statements.

During the second quarter of 2006, the FTB issued the Company a letter of proposed adjustments to, and assessments for, (as a result of examination of the tax years 2001 and 2002) certain tax benefits taken by the Bank's subsidiary REIT during 2002. Since 2007, the Company had asserted its administrative protest and appeal rights on the REIT issue and accrued its potential liability.  Then in 2011, the Company, under the provisions of Franchise Tax Board Voluntary Compliance Initiative Program (VCI 2), the Company settled its case.

The Company is not currently aware of any other tax jurisdictions where the Company or any subsidiary is subject to examination by federal, state, or local taxing authorities.