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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes [Abstract]  
Income Taxes
Note 11. Income Taxes

The income tax provision (benefit) for operations for the years ended December 31, 2012, 2011 and 2010 include the following components:

(Dollars in thousands)
 
2012
  
2011
  
2010
 
Current income taxes (benefits):
         
Federal
 $3,813  $346  $(936)
State
  1,383   98   (266)
Deferred income taxes (benefits):
            
Federal
  390   3,132   5,428 
State
  (203)  1,466   139 
Total income tax provision
 $5,383  $5,042  $4,365 

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Deferred tax liabilities and assets are comprised of the following at December 31:

(Dollars in thousands)
 
2012
  
2011
 
Tax liabilities:
      
Depreciation and fixed assets
 $31,307  $30,142 
Intangible assets
  9,092   8,800 
Other
  15   201 
Gross deferred tax liability
 $40,414  $39,143 
          
Tax assets:
        
Deferred compensation and post-retirement benefits
 $5,480  $7,922 
Receivables and inventories
  242   311 
Accrued liabilities
  1,146   814 
Derivatives
  968   983 
State net operating loss
  1,754   1,759 
Other
  20   19 
Gross deferred tax asset
  9,610   11,808 
Valuation allowance
  (1,574)  (1,733)
Net deferred tax liability
  32,378   29,068 
Current deferred tax asset
  1,887   1,559 
Net non-current deferred tax liability
 $34,265  $30,627 

We have Iowa net operating loss carry-forwards for tax purposes available to offset future income of approximately $26,300,000 at December 31, 2012. The Iowa net operating loss carry-forwards expire in varying amounts between 2018 and 2029. Due to the historical generation of net operating losses by our subsidiaries operating in Iowa and management's belief that the Iowa operations will not generate significant positive taxable income in the future, the utilization of these net operating loss carry-forwards is doubtful. A valuation allowance has been established to reduce the carrying value of the benefits associated with the Iowa net operating losses incurred by our subsidiaries in the state of Iowa. We also have a net operating loss carry-forward of approximately $3,400,000 incurred by the parent company in the state of Minnesota. Management believes that it is unlikely that we will realize all of the benefits associated with the Minnesota net operating loss prior to the expiration of the carry-forward period. Therefore, a valuation allowance was established to reduce the carrying value of the benefits associated with the net operating losses incurred by the parent company in Minnesota. Future events and changes in circumstances could cause this valuation allowance to change.

The reconciliation of the U.S. income tax rate to the effective income tax rate for continuing operations is as follows:

   
For Year Ended December 31
 
   
2012
  
2011
  
2010
 
Statutory tax rate
  35.0%  35.0%  35.0%
Effect of:
            
State income taxes net of federal tax benefit
  6.4   6.1   6.1 
Release of income tax reserve and prior
            
Year adjustments
  (0.8)  (2.6)  (16.3)
Medicare part D subsidy
  (0.1)  0.0   1.6 
Uncertain tax positions
  0.1   0.1   0.4 
Other, net
  (1.3)  (1.1)  (1.0)
Effective tax rate
  39.3%  37.5%  25.8%

When addressing uncertainty in tax positions, we are required to apply a minimum recognition threshold that income tax positions must achieve before being recognized in the financial statements.

As of December 31, 2012, we had unrecognized tax benefits totaling $232,000 (net of tax) excluding interest. The amount of unrecognized tax benefits, if recognized, that would affect the effective income tax rate in future periods is $207,000. During 2012, we recognized approximately $13,000 of previously unrecognized tax benefits and approximately $1,000 of associated interest as a result of the expiration of statute of limitations and settlements. Due to expirations of statute of limitations it is reasonably possible that the total amount of unrecognized tax benefits will not decrease during the next 12 months.

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The following roll-forward of unrecognized tax benefits excludes interest accrued on unrecognized tax benefits and is presented gross of any expected federal tax benefits related to unrecognized state tax benefits.

(Dollars in thousands)
 
2012
  
2011
 
Unrecognized tax benefits opening balance (excluding interest)
 $281  $697 
Increases:
        
Tax positions taken in current period
  18   8 
Tax position taken in prior periods
  32   - 
Decreases:
        
Settlements
  (3)  (15)
Lapse of statute limitations
  (14)  (409)
Ending balance (excluding interest)
 $314  $281 

We file consolidated income tax returns in the United States federal jurisdiction and combined or separate income tax returns in various state jurisdictions. In general, we are no longer subject to United States federal income tax examinations and examinations by state tax authorities for the years prior to 2008 except to the extent of losses utilized in subsequent years.

In January 2011, the Minnesota Department of Revenue completed an examination of our 2006, 2007 and 2008 state unitary income tax returns. The results of these audits were not significant.