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Note 12 - Income Taxes
6 Months Ended
Jun. 30, 2013
Income Tax Disclosure [Text Block]  
Income Tax Disclosure [Text Block]

12.   Income Taxes  


As of December 31, 2012, the Company had federal net operating loss carryforwards of $23.9 million. If not utilized to offset future taxable income, $4.8 million of the net operating loss carryforwards will expire in 2030, $8.8 million will expire in 2031, and $10.3 million will expire in 2032. For the six months ended June 30, 2013, the Company utilized an estimated $6.2 million of the federal net operating loss carryforwards expiring in 2030 to offset federal taxable income generated during the period.


As of June 30, 2013, net deferred tax assets, without regard to any valuation allowance, of $31.8 million were recorded in the Company’s Consolidated Balance Sheet, a portion of which includes the after-tax impact of net operating loss carryforwards. Of this amount, $30.5 million was offset by a valuation allowance as a result of uncertainty surrounding the ultimate realization of these tax benefits. The need for a valuation allowance is based on the Company’s cumulative tax losses since the quarter ended June 30, 2009, net operating loss carryforward limitations as discussed below, the level of projected future taxable income and available tax planning strategies. The deferred tax asset, net at June 30, 2013 of $1.3 million relates to deferred taxes associated with a $3.4 million pre-tax net unrealized loss on the investment securities available for sale portfolio at June 30, 2013 for which we did not believe a valuation allowance was necessary based on tax planning strategies that may be employed to assure its utilization, if necessary.


We consummated a private placement on October 7, 2010 and subsequent follow-on offering in January 2011 through which we received $113.9 million of gross proceeds from the sale of common stock (the “Private Placement”). The Private Placement was considered a change in control under the Internal Revenue Code and Regulations. Accordingly, the Company was required to evaluate potential limitation or deferral of our ability to carryforward pre-acquisition net operating losses and to determine the amount of net unrealized pre-acquisition built-in losses which are subject to similar limitation or deferral. Under the Internal Revenue Code and Regulations, net unrealized pre-acquisition built-in losses realized within five years of the change in control are subject to potential limitation, which for the Company that date is October 7, 2015. Through that date, the Company will continue to analyze its ability to utilize such losses to offset anticipated future taxable income as pre-acquisition built-in losses are ultimately realized. As of June 30, 2013, the Company currently estimates that future utilization of built-in losses of $53 million generated prior to October 7, 2010 will be limited to $1.1 million per year. In addition, the Company currently estimates that $8.0 million to $9.0 million of the tax benefits related to built-in losses may not ultimately be realized. However, this estimate will not be confirmed until the five-year limitation period expires in October 2015.


The provision for income taxes for the three months ended June 30, 2013 included $71 thousand for state income tax and $57 thousand for federal alternative minimum tax. In addition, $254 thousand of the provision for income taxes reflects the deferred tax impact of the change from a net unrealized gain position on our investment securities available for sale at March 31, 2013 to a net unrealized loss position at June 30, 2013. The provision for income taxes for the three months ended June 30, 2012 reflected an increase in the net deferred tax asset valuation allowance as a result of higher net deferred tax assets arising from changes in the fair values of investment securities available for sale.


The provision for income taxes for the six months ended June 30, 2013 included $170 thousand for state income tax and $113 thousand for federal alternative minimum tax. In addition, $912 thousand of the provision for income taxes reflects the deferred tax impact of the change from a net unrealized gain position on our investment securities available for sale at December 31, 2012 to a net unrealized loss position at June 30, 2013. The provision for income taxes for the six months ended June 30, 2012 reflected an increase in the net deferred tax asset valuation allowance as a result of higher net deferred tax assets arising from changes in the fair values of investment securities available for sale.