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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes  
Income Taxes

7.             Income Taxes

 

Income tax expense (benefit) attributable to income (loss) from continuing operations is summarized as follows:

 

 

 

SUCCESSOR

 

PREDECESSOR

 

 

 

2012

 

2011

 

Nov-16, 2010-
Dec-31, 2010

 

Jan-1, 2010-
Nov-15, 2010

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

18,097

 

$

9,868

 

$

1,602

 

$

3,650

 

State

 

3,267

 

2,370

 

366

 

1,185

 

Foreign

 

334

 

393

 

182

 

95

 

Total current

 

21,698

 

12,631

 

2,150

 

4,930

 

Deferred:

 

 

 

 

 

 

 

 

 

Federal

 

2,399

 

6,250

 

2,372

 

(47,022

)

State

 

1,658

 

1,160

 

433

 

(8,576

)

Foreign

 

5

 

(36

)

(148

)

148

 

Total deferred

 

4,062

 

7,374

 

2,657

 

(55,450

)

 

 

 

 

 

 

 

 

 

 

Total income tax expense (benefit)

 

$

25,760

 

$

20,005

 

$

4,807

 

$

(50,520

)

 

A reconciliation of the U.S. Federal income tax rate of 35% to income tax expense (benefit) expressed as a percent of pretax income (loss) from continuing operations follows:

 

 

 

SUCCESSOR

 

PREDECESSOR

 

 

 

2012

 

2011

 

Nov-16, 2010-
Dec-31, 2010

 

Jan-1, 2010-
Nov-15, 2010

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

Federal income tax at the statutory rate

 

35.0

%

35.0

%

35.0

%

35.0

%

Increase in income tax expense (benefit)

 

 

 

 

 

 

 

 

 

State and foreign income taxes, net of federal benefits

 

4.3

 

4.4

 

4.1

 

3.6

 

Jobs tax credits, net

 

(2.3

)

(5.9

)

(3.1

)

1.4

 

Nondeductible expenses

 

0.4

 

(1.1

)

0.3

 

(1.5

)

Reserve for uncertain tax positions

 

1.3

 

 

 

 

Other

 

(0.1

)

 

 

 

Nondeductible impairments

 

 

 

 

(14.6

)

 

 

38.6

%

32.4

%

36.3

%

23.9

%

 

On January 2, 2013, legislation was enacted that reinstated the jobs credit provisions retroactive to January 1, 2012.  Under ASC 740, changes to tax laws are not recognized until the enactment date.  Accordingly, the impact of the reinstatement of the jobs credit provisions will not be recognized until the first quarter of 2013.

 

As of December 31, 2012, we have state net operating loss carryforwards of approximately $68 million which are available to offset future taxable income, if any, of certain entities in certain states. These carryforwards will expire between 2013 and 2032. Application of some of these carryforwards is limited under the change of ownership provisions. These carryforwards have been partially or fully offset by valuation allowances, as our ability to apply these carryforwards may be limited.

 

As of December 31, 2012, we have federal foreign tax credit carryforwards of approximately $0.9 million. If not used, these carryforwards will expire between 2013 and 2019. These credit carryovers have been fully offset by a valuation allowance as our ability to apply these carryovers is subject to limitation.

 

During the period ended November 15, 2010, $0.4 million was debited to additional paid-in capital for tax shortfalls associated with share-based compensation.

 

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities are presented below:

 

 

 

SUCCESSOR

 

 

 

2012

 

2011

 

Deferred tax assets:

 

 

 

 

 

Accounts receivable

 

$

9,191

 

$

9,611

 

Property and equipment

 

922

 

613

 

Workers’ compensation costs

 

12,043

 

12,663

 

Compensated absences

 

5,081

 

4,219

 

Share-based compensation

 

2,425

 

930

 

Other insurance reserves

 

11,835

 

12,172

 

Unfavorable lease adjustments

 

857

 

1,201

 

Other liabilities and reserves

 

2,174

 

1,868

 

Deferred state income tax net operating loss carryforwards

 

3,233

 

5,117

 

Deferred tax credits, foreign tax credit carryforwards and other

 

2,123

 

1,420

 

Total gross deferred tax assets

 

49,884

 

49,814

 

Less valuation allowance

 

3,659

 

5,323

 

Net deferred tax assets

 

46,225

 

44,491

 

Deferred tax liabilities:

 

 

 

 

 

Revenue adjustments

 

5,651

 

7,355

 

Property and equipment

 

5,971

 

7,308

 

Goodwill and other intangible assets

 

122,031

 

113,295

 

Deferred rents

 

378

 

1,014

 

Other

 

858

 

121

 

Total deferred tax liabilities

 

134,889

 

129,093

 

Net deferred tax liability

 

$

(88,664

)

$

(84,602

)

Classified as follows:

 

 

 

 

 

Current deferred income tax assets

 

$

17,589

 

$

13,668

 

Noncurrent deferred income tax liability

 

(106,253

)

(98,270

)

Net deferred tax liability

 

$

(88,664

)

$

(84,602

)

 

A valuation allowance for deferred tax assets was provided as of December 31, 2012 related to state income tax net operating loss carryforwards and federal foreign tax credit carryovers. The realization of deferred tax assets is dependent upon generating future taxable income when temporary differences become deductible. Based upon the historical and projected levels of taxable income, we believe it is more likely than not that we will realize the benefits of the deductible differences after consideration of the valuation allowance.

 

A reconciliation of the beginning and ending amount of total unrecognized tax benefits is as follows:

 

 

 

SUCCESSOR

 

PREDECESSOR

 

 

 

Dec-31,
2012

 

Dec-31,
2011

 

Nov-16, 2010
Dec-31, 2010

 

Jan-1, 2010-
Nov-15, 2010

 

Balance at beginning of year

 

$

804

 

$

438

 

$

438

 

$

540

 

Increase related to prior year tax positions

 

1,478

 

 

 

 

Decrease related to prior year tax positions

 

(9

)

(37

)

 

(52

)

Increase related to current year tax positions

 

 

536

 

 

109

 

Settlements

 

 

(22

)

 

(34

)

Lapse of statute of limitations

 

(104

)

(111

)

 

(125

)

Balance at end of year

 

$

2,169

 

$

804

 

$

438

 

$

438

 

 

Included in the balance of total unrecognized tax benefits at December 31, 2012 are potential benefits of $0.1 million, which if recognized, would affect the effective tax rate on income from continuing operations.

 

We file numerous consolidated and separate income tax returns in the U.S. federal and various state and foreign jurisdictions. With few exceptions, we are no longer subject to income tax examinations by the taxing authorities for years prior to 2008. We believe that we have appropriate support for the income tax positions taken and to be taken on our income tax returns and that our accruals for income tax liabilities are adequate for all open years based on an assessment of many factors including past experience and interpretations of the tax laws as applied to the facts of each matter. We do not expect that the amounts of unrecognized tax benefits will change significantly within the next twelve months.

 

Total accrued interest and penalties as of December 31, 2012 are approximately $0.1 million and are included in accrued expenses.