11. Income Taxes

Provisions for income taxes are as follows:


	2012			2011		2010
	(In Thousands)
Current:
Federal	$	28,654		$	33,006	$	13,723
State		4,695			4,514		3,754

Total Current	$	33,349		$	37,520	$	17,477

Deferred:
Federal	$	559		$	7,543	$	1,602
State		(314	)		1,145		708

Total Deferred	$	245		$	8,688	$	2,310

Provisions for income taxes	$	33,594		$	46,208	$	19,787

The current provision for federal income taxes shown above includes regular federal income tax after the consideration of permanent and temporary differences between income for GAAP and tax purposes. The current provision for state income taxes includes regular state income tax and provisions for uncertain income tax positions. In addition to the income tax provision from continuing operations, we allocated an income tax benefit of approximately $105,000, $80,000 and $78,000 to discontinued operations for 2012, 2011 and 2010, respectively.

During June 2010, we determined that certain nondeductible expenses had not been properly identified relating to the 2007-2009 provisions for income taxes. As a result, we recorded an additional income tax provision of approximately $800,000 for 2010. For 2010, the effect of this adjustment decreased basic and diluted net income per share by $.04 and $.03, respectively. Management of the Company evaluated the impact of this accounting error and concluded the effect of this adjustment was immaterial to our 2007-2010 consolidated financial statements.

The deferred tax provision results from the recognition of changes in our prior year deferred tax assets and liabilities, and the utilization of state NOL carryforwards and other temporary differences. We reduce income tax expense for investment tax credits in the year they arise and are earned. At December 31, 2012, our gross amount of the investment tax credits available to offset state income taxes was minimal. These investment tax credits do not expire and carryforward indefinitely.

We utilized approximately $0.1 million, $0.2 million and $0.7 million of state NOL carryforwards to reduce tax liabilities in 2012, 2011 and 2010, respectively. At December 31, 2012, we have remaining state tax NOL carryforwards of approximately $7.8 million that begin expiring in 2013.

For 2012, 2011 and 2010, we determined it was more-likely-than-not that approximately $6.8 million, $6.9 million and $6.1 million, respectively, of the state NOL carryforwards would not be able to be utilized before expiration and a valuation allowance was maintained for the deferred tax assets associated with these state NOL carryforwards, net of federal benefit of approximately $0.3 million for each of the respective years. We considered both positive and negative evidence in our determination. The negative evidence considered primarily included our history of losses by certain entities and jurisdictions, both as to amount and trend and uncertainties surrounding our ability to generate sufficient taxable income in the individual jurisdictions to utilize these state NOL carryforwards.

When non-qualified stock options (“NSOs”) are exercised, the grantor of the options is permitted to deduct the spread between the fair market value of the stock issued and the exercise price of the NSOs as compensation expense in determining taxable income. Income tax benefits related to stock-based compensation deductions in excess of the compensation expense recorded for financial reporting purposes are not recognized in earnings as a reduction of income tax expense for financial reporting purposes. As a result, the stock-based compensation deduction recognized in our income tax return will exceed the stock-based compensation expense recognized in earnings. The excess tax benefit realized (i.e., the resulting reduction in the current tax liability) related to the excess stock-based compensation tax deduction of $0.5 million, $1.3 million and $0.6 million in 2012, 2011, and 2010, respectively, which is included in the net change in capital in excess of par value rather than a decrease in the provision for income taxes.

In addition, if the grantor of NSOs will not currently reduce its tax liability from the excess tax benefit deduction taken at the time of the taxable event (option exercised) because it has a NOL carryforward that is increased by the excess tax benefit, then the tax benefit should not be recognized until the deduction actually reduces current taxes payable. At December 31, 2012 and 2011, we had no unrecognized federal and state tax benefits resulting from the exercise of NSOs.

Deferred tax assets and liabilities include temporary differences and carryforwards as follows:


	December 31,
	2012			2011
	(In Thousands)
Deferred tax assets
Allowance for doubtful accounts	$	696		$	872
Asset impairment		764			756
Inventory		2,792			1,724
Deferred compensation		3,660			4,096
Other accrued liabilities		5,772			5,474
Hedging		700			1,033
Net operating loss carryforwards		310			392
Other		3,001			1,069

Total deferred tax assets		17,695			15,416
Less valuation allowance on deferred tax assets		(273	)		(344	)

Net deferred tax assets	$	17,422		$	15,072

Deferred tax liabilities
Property, plant and equipment	$	30,235		$	28,766
Prepaid and other insurance reserves		3,855			2,504
Investment in unconsolidated affiliate		433			640
Other		695			713

Total deferred tax liabilities	$	35,218		$	32,623

Net deferred tax liabilities	$	(17,796	)	$	(17,551	)

Consolidated balance sheet classification:
Net current deferred tax assets	$	3,224		$	4,275
Net noncurrent deferred tax liabilities		(21,020	)		(21,826	)

Net deferred tax liabilities	$	(17,796	)	$	(17,551	)

Net deferred tax liabilities by tax jurisdiction:
Federal	$	(16,324	)	$	(15,724	)
State		(1,472	)		(1,827	)

Net deferred tax liabilities	$	(17,796	)	$	(17,551	)

All of our income before taxes relates to domestic operations. Detailed below are the differences between the amount of the provision for income taxes and the amount which would result from the application of the federal statutory rate to “Income from continuing operations before provision for income taxes”.


	2012			2011			2010
	(In Thousands)
Provisions for income taxes at federal statutory rate	$	32,391		$	45,567		$	17,326
State current and deferred income taxes		3,533			5,088			3,259
Domestic production activities deduction		(1,933	)		(3,091	)		(1,371	)
Effect of tax return to tax provision reconciliation		(216	)		(958	)		(126	)
Other		(181	)		(398	)		699

Provisions for income taxes	$	33,594		$	46,208		$	19,787

A reconciliation of the beginning and ending amount of uncertain tax positions is as follows:


	2012			2011			2010
	(In Thousands)
Balance at beginning of year	$	709		$	700		$	608
Additions based on tax positions related to the current year		131			217			131
Additions based on tax positions of prior years		1,937			—			—
Reductions for tax positions of prior years		(485	)		(51	)		(35	)
Settlements		—			(157	)		(4	)

Balance at end of year	$	2,292		$	709		$	700

We expect that the amount of unrecognized tax benefits may change as the result of ongoing operations, the outcomes of audits, and the expiration of statute of limitations. This change is not expected to have a significant impact on our results of operations or the financial condition. The total amount of unrecognized tax benefits that would impact the effective tax rate, if recognized, was $ 236,000, $461,000 and $455,000, net of federal expense, in 2012, 2011, and 2010, respectively.

We record interest related to unrecognized tax positions in interest expense and penalties in operating other expense. During 2012, 2011, and 2010, we recognized $430,000, $42,000 and $104,000, respectively, in interest and penalties associated with unrecognized tax benefits. We had approximately $464,000, and $213,000 accrued for interest and penalties at December 31, 2012 and 2011, respectively.

LSB and certain of its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state jurisdictions. With few exceptions, the 2009-2011 years remain open for all purposes of examination by the U.S. Internal Revenue Service (“IRS”) and other major tax jurisdictions. We are under examination by the IRS for the tax years 2008-2010. As of December 31, 2012, the IRS has proposed certain adjustments, which we are protesting. We anticipate that the adjustments, if any, will not result in a material change to our financial position.

See Note 21 – Subsequent Events concerning the American Taxpayer Relief Act of 2012 and a related income tax benefit.