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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES  
INCOME TAXES

11.   INCOME TAXES

        GAAP prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. In 2012, tax liability on uncertain tax positions was reduced by $378,000 because of expiration of statutes of limitations and a proposed IRS settlement. As of December 31, 2012 and 2011, total accrued interest for uncertain income tax positions was $899,000 and $830,000, respectively.

        The Company recognizes accrued interest related to unrecognized tax benefits as interest expense and penalties in general and administrative expense in its consolidated statement of operations and such amounts are included in income taxes payable on the Company's consolidated balance sheet. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 
  2012   2011  
 
  (in thousands)
 

Balance at beginning of year

  $ 626   $ 952  

Adjustments for tax provisions of prior years

    (290 )   (211 )

Expiration of statutes of limitations

    (88 )   (115 )
           

Balance at end of year

  $ 248   $ 626  
           

        At December 31, 2012 there were no unrecognized tax benefits for which the liability for such taxes was recognized as deferred tax liabilities because such unrecognized revenue items have reversed. At December 31, 2012 and 2011, there were $144,000 and $232,000 of unrecognized tax benefits that, if recognized, would affect the effective tax rate.

        The components of the income tax benefit for 2011 were as follows:

 
  2011  
 
  (in thousands)
 

Current

       

Federal

  $ (134 )

State

     
       

Total

    (134 )
       

Income tax benefit—continuing operations

  $ (134 )
       

        In 2012, the income tax benefit from the reversal of tax liability discussed above were included in income from discontinued operations as they relate to the Company's former agriculture operations that were discontinued in 2009.

        Reconciliations between the total income tax benefit and the amount computed using the statutory federal rate of 35% was as follows:

 
  2012   2011  
 
  (in thousands)
 

Federal income tax benefit at statutory rate

  $ (1,735 ) $ (3,389 )

Adjusted for:

             

Valuation allowance

    1,674     3,871  

Provision for uncertain tax positions

        (134 )

Permanent differences and other

    61     (482 )
           

Income tax benefit—continuing operations

  $   $ (134 )
           

        Deferred tax assets (liabilities) were comprised of the following temporary differences as of December 31, 2012 and 2011:

 
  2012   2011  
 
  (in thousands)
 

Net operating loss and tax credit carryforwards

  $ 49,205   $ 35,917  

Joint venture and other investments

    2,440     11,242  

Accrued retirement benefits

    10,815     9,448  

Property net book value

    4,304     4,168  

Deferred revenue

    1,280     1,358  

Stock compensation

    145     253  

Reserves and other

    663     1,385  
           

Total deferred tax assets

    68,852     63,771  

Valuation Allowance

    (66,467 )   (61,386 )
           

Deferred condemnation proceeds

    (2,385 )   (2,385 )
           

Total deferred tax liabilities

    (2,385 )   (2,385 )
           

Net deferred tax assets (liabilities)

  $   $  
           

        Valuation allowances have been established to reduce future tax benefits expected to be realized. The Company had $109.9 million in federal net operating loss carry forwards at December 31, 2012, that expire from 2028 through 2032. Net operating loss for state income tax purposes that expire from 2028 through 2031 totaled $125.5 million at December 31, 2012. The Company's federal income tax returns for 2005 through 2008 are currently under examination and the Internal Revenue Service has proposed approximately $11.6 million of additional taxable income. The Company has sufficient net operating loss carry forwards to offset the proposed additional taxable income.