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

Note 17. Income Taxes

        Income taxes (benefits) in the consolidated statements of income include the following amounts:

(in thousands)
  Current   Deferred   Total  

2012

                   

Federal

  $ 60,253   $ 9,525   $ 69,778  

State

    26,260     2,784     29,044  
               

Total

  $ 86,513   $ 12,309   $ 98,822  
               

2011

                   

Federal

  $ 80,707   $ (26,635 ) $ 54,072  

State

    31,792     (8,303 )   23,489  
               

Total

  $ 112,499   $ (34,938 ) $ 77,561  
               

2010

                   

Federal

  $ 12,381   $ 20,125   $ 32,506  

State

    (16,425 )   9,974     (6,451 )
               

Total

  $ (4,044 ) $ 30,099   $ 26,055  
               

        The Company recognized income tax expense of $98.8 million, $77.6 million and $26.1 million in 2012, 2011 and 2010, respectively. The effective tax rate for 2012 was equal to 32.1 percent of pretax income, compared to an effective tax rate of 30.6 percent for 2011 and 16.2 percent for 2010.

        The Company had income taxes receivable of $59.6 million and $40.3 million at December 31, 2012 and 2011, respectively.

        The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at December 31, 2012 and 2011 are presented below:

 
  December 31,  
(in thousands)
  2012   2011  

Deferred tax assets:

             

Allowance for credit losses

  $ 137,680   $ 129,931  

Federal and state carryforwards

    665      

Accrued expenses

    79,416     68,981  

Nonaccrual interest income

    20,912     16,766  

Basis difference in OREO and loans

        15,118  

Unrealized losses on cash flow hedges

        607  

Share-based compensation

    28,993     26,471  

Basis difference in investments

    12,952     12,179  

Other

    3,306     3,910  
           

Total gross deferred tax assets

    283,924     273,963  

Deferred tax liabilities:

             

Core deposit and other intangibles

    11,353     5,268  

State income taxes

    7,763     6,625  

Depreciation

    6,371     2,814  

Basis difference in OREO and loans

    890      

Deferred loan origination costs

    8,483     6,728  

Prepaid expenses

    3,784     2,760  

Unrealized gains on securities available-for-sale

    62,225     53,308  

Leasing activities

    43,176     20,950  

Basis difference in FHLB stock

    13,331     19,755  

Other

    2,087     226  
           

Total gross deferred tax liabilities

    159,463     118,434  
           

Net deferred tax assets

  $ 124,461   $ 155,529  
           

        The tax benefit of deductible temporary differences and tax carryforwards are recorded as an asset to the extent that management assesses the utilization of such temporary differences and carryforwards to be more likely than not. To the extent the deferred tax asset is subsequently determined to be less than more likely than not to be realized, a valuation allowance is recorded. Management expects to have sufficient taxable income in future years to fully realize the deferred tax assets recorded at December 31, 2012, and has determined that a valuation reserve is not required for any of its deferred tax assets.

        Income taxes resulted in effective tax rates that differ from the statutory federal income tax rate for the following reasons:

 
  Percent of
Pretax Income (Loss)
 
 
  2012   2011   2010  

Statutory rate

    35.0 %   35.0 %   35.0 %

Net state income tax

    6.1     6.2     5.9  

Tax exempt income

    (4.2 )   (4.0 )   (6.3 )

Affordable housing investments

    (4.7 )   (5.0 )   (7.2 )

FTB settlement and other adjustments

            (9.5 )

All other, net

    (0.1 )   (1.6 )   (1.7 )
               

Effective tax provision

    32.1 %   30.6 %   16.2 %
               

        The effective tax rates differ from the applicable statutory federal and state tax rates due to various factors, including tax benefits from investments in affordable housing partnerships, tax-exempt income on municipal bonds and bank-owned life insurance and other adjustments.

        The Company and its subsidiaries file a consolidated federal income tax return and also file income tax returns in various state jurisdictions. The Company is currently being audited by the Internal Revenue Service for the tax year 2012. The Company is also under audit with the California Franchise Tax Board for the tax years 2005 to 2007. The potential financial statement impact, if any, resulting from the completion of these audits is expected to be minimal.

        From time to time, there may be differences in opinions with respect to the tax treatment accorded transactions. If a tax position which was previously recognized on the consolidated financial statements is no longer more likely than not to be sustained upon a challenge from the taxing authorities, the tax benefit from the tax position will be derecognized. As of December 31, 2012, the Company does not have any tax positions which dropped below a more likely than not threshold.

        A reconciliation of unrecognized tax benefits for 2012 and 2011 is as follows:

 
  For the year ended
December 31,
 
(in thousands)
  2012   2011  

Balance, beginning of the year

  $ 4,279   $ 4,164  

Additions for tax positions of current year

    194     443  

Reductions for tax positions of prior years

        (273 )

Settlements

        (55 )
           

Balance, end of the year

  $ 4,473   $ 4,279  
           

        As of December 31, 2012 and 2011, the total tax liabilities associated with unrecognized tax benefits that, if recognized would impact the effective tax rate, is $2.9 million and $2.8 million, respectively.

        The Company recognizes accrued interest and penalties relating to uncertain tax positions as an income tax provision expense. The Company recognized interest and penalties expense of $0.2 million and $0.4 million for 2012 and 2011, respectively, and $0.4 million of benefit on interest and penalties in 2010. The Company had approximately $3.4 million and $3.2 million of accrued interest and penalties as of December 31, 2012 and 2011, respectively. The Company does not expect a material change in the total amount of unrecognized tax benefits within the next twelve months.