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10. Income Taxes (Tables)
6 Months Ended
Jun. 30, 2012
Income Tax Disclosure [Abstract]  
Schedule of Income Tax Rate From Continuing Operations
    For the Three Months Ended     For the Six Months Ended  
    June 30,     June 30,  
    2012     2011     2012     2011  
                                                 
Computed expected tax expense   $ 294,863       34.0 %   $ 393,527       34.0 %   $ 689,289       34.0 %   $ 450,772       34.0 %
State taxes, net of Federal benefit     17,301       2.0       (13,713 )     (1.2 )     45,798       2.3       (14,751 )     (1.1 )
Permanent differences                                                                
 Dividends received deduction     (16,126 )     (1.9 )     -       -       (36,577 )     (1.8 )     (7,129 )     (0.5 )
 Non-taxable investment income     (16,772 )     (1.9 )     (24,399 )     (2.1 )     (33,810 )     (1.7 )     (46,544 )     (3.5 )
 Stock-based compensation expense     3,607       0.4       8,042       0.7       10,237       0.5       21,810       1.6  
 Other permanent differences     5,831       0.7       4,531       0.4       12,281       0.6       14,545       1.1  
Other     18,224       2.1       15,513       1.3       14,367       0.7       6,541       0.5  
Total tax   $ 306,928       35.4 %   $ 383,501       33.1 %   $ 701,585       34.6 %   $ 425,244       32.1 %
Schedule of Deferrred Tax Assets and Liabilities

 

 

    June 30,     December 31,  
    2012     2011  
    (unaudited)        
Deferred tax asset:            
Net operating loss carryovers (1)   $ 264,293     $ 276,312  
Claims reserve discount     250,659       220,354  
Unearned premium     720,037       647,596  
Deferred ceding commission revenue     1,518,955       1,354,016  
Other     7,919       4,583  
Total deferred tax assets     2,761,863       2,502,861  
                 
Deferred tax liability:                
Investment in KICO (2)     1,169,000       1,169,000  
Deferred acquisition costs     1,731,428       1,542,163  
Intangibles     1,163,757       1,244,628  
Depreciation and amortization     143,586       133,411  
Reinsurance recoverable     20,400       20,400  
Net unrealized appreciation of securities - available for sale     420,233       172,155  
Investment income     -       10,543  
Total deferred tax liabilities     4,648,404       4,292,300  
                 
Net deferred income tax liability   $ (1,886,541 )   $ (1,789,439 )

 

(1) The deferred tax assets from net operating loss carryovers are as follows

 

    June 30,     December 31,    
 Type of NOL   2012     2011   Expiration
 State only (A)   $ 338,594     $ 352,749   December 31, 2027
 Valuation allowance     104,819       42,437    
 State only, net of valuation allowance     233,775       310,312    
 Amount subject to Annual Limitation, Federal only (B)     30,600       34,000   December 31, 2019
 Total deferred tax asset from net operating loss carryovers   $ 264,375     $ 344,312    

 

(A) The Company’s parent generates operating losses for state purposes and has prior year net operating loss carryovers available. KICO, the Company’s insurance underwriting subsidiary is not subject to state income taxes. KICO’s state tax obligations are paid through a gross premiums tax which is included in the Condensed Consolidated Statements of Operations and Comprehensive Income within other underwriting expenses. A valuation allowance has been recorded due to the uncertainty of generating enough state taxable income to utilize 100% of the available state net operating loss carryovers over their remaining lives which expire between 2022 and 2027.

 

(B) NOL is subject to Internal Revenue Code Section 382, which places a limitation on the utilization of the federal net operating loss to approximately $10,000 per year (“Annual Limitation”) as a result of a greater than 50% ownership change of the Company in 1999. The losses subject to the Annual Limitation will be available for future years, expiring through December 31, 2019.

 

 

 

(2)   Deferred tax liability -  investment in KICO

 

On July 1, 2009, the Company completed the acquisition of 100% of the issued and outstanding common stock of KICO (formerly known as Commercial Mutual Insurance Company (“CMIC”)) pursuant to the conversion of CMIC from an advance premium cooperative to a stock property and casualty insurance company. Pursuant to the plan of conversion, the Company acquired a 100% equity interest in KICO, in consideration for the exchange of $3,750,000 principal amount of surplus notes of CMIC. In addition, the Company forgave all accrued and unpaid interest on the surplus notes as of the date of conversion. As of the date of acquisition, unpaid accrued interest on the surplus notes along with the accretion of the discount on the original purchase of the surplus notes totaled $2,921,319 (together “Untaxed Interest”). As of the date of acquisition the deferred tax liability on the Untaxed Interest was $1,169,000. Under GAAP guidance for business combinations, a temporary difference with an indefinite life exists when the parent has a lower carrying value of its subsidiary for income tax purposes. The Company is required to maintain its deferred tax liability of $1,169,000 related to this temporary difference until either the stock of KICO is sold, the assets of KICO are sold or KICO and the parent are merged.

 

Under GAAP guidance for the “Accounting for Uncertainty in Income Taxes”, the Company had no material unrecognized tax benefit and no adjustments to liabilities or operations were required. Additionally, Accounting for Uncertainty in Income Taxes, provides guidance on the recognition of interest and penalties related to income taxes. There were no interest or penalties related to income taxes that have been accrued or recognized as of and for six months ended June 30, 2012 and 2011. If any had been recognized these would be reported in income tax expense.

 

IRS Tax Audit

 

The Company’s Federal income tax return for the year ended December 31, 2009 has been examined by the Internal Revenue Service and was accepted as filed.