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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes

 

 

6.

Income Taxes. The provision (benefit) for income taxes consists of the following:


 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31

 

2011

 

2010

 

2009

 

Current taxes - Federal

 

$

22,678,000

 

$

 

$

86,000

 

Current taxes - State

 

 

2,383,000

 

 

28,000

 

 

29,000

 

Deferred taxes - Federal

 

 

5,226,000

 

 

1,086,000

 

 

645,000

 

Deferred taxes - State

 

 

319,000

 

 

95,000

 

 

56,000

 

Benefit from adjustment of valuation allowance

 

 

 

 

(6,883,000

)

 

(701,000

)

 

 

 

 

 

 

 

 

 

 

 

Provision (benefit) for income taxes

 

$

30,606,000

 

$

(5,674,000

)

$

115,000

 


 

 

 

Significant components of the deferred taxes are as follows:


 

 

 

 

 

 

 

 

As of December 31

 

2011

 

2010

 

 

 

 

 

 

 

 

 

Current Deferred Tax Assets:

 

 

 

 

 

 

 

Accrued compensation

 

$

304,000

 

$

 

Accrued expenses

 

 

147,000

 

 

119,000

 

Inventory reserve

 

 

27,000

 

 

29,000

 

Other

 

 

5,000

 

 

3,000

 

Current deferred tax assets before valuation allowance

 

 

483,000

 

 

151,000

 

Less valuation allowance

 

 

 

 

 

 

 

 

 

 

 

 

 

Current deferred tax assets

 

$

483,000

 

$

151,000

 

 

 

 

 

 

 

 

 

Long-Term Deferred Tax Assets (Liabilities):

 

 

 

 

 

 

 

Accrued compensation

 

$

304,000

 

$

 

Net operating loss carryforwards

 

 

36,000

 

 

6,291,000

 

Depreciation

 

 

(692,000

)

 

55,000

 

Stock options

 

 

26,000

 

 

107,000

 

Alternative minimum tax credits

 

 

 

 

125,000

 

Other

 

 

 

 

3,000

 

Long-term deferred tax assets (liabilities) before valuation allowance

 

 

(326,000

)

 

6,581,000

 

Less valuation allowance

 

 

 

 

(1,030,000

)

 

 

 

 

 

 

 

 

Long-term deferred tax assets (liabilities)

 

$

(326,000

)

$

5,551,000

 


 

 

 

At December 31, 2010, the Company had federal net operating loss carryforwards of approximately $18,744,000, which were fully utilized in 2011. The Company had previously determined that these carryforwards are not subject to the limitations of Internal Revenue Code Section 382 which provides limitations on the availability of net operating losses to offset current taxable income if an ownership change has occurred.

 

 

 

At December 31, 2010, the Company had indefinite-lived alternative minimum tax credit carryforwards of $125,000, which were fully utilized in 2011.


 

 

 

During the year ended December 31, 2010, the Company recorded a $6,883,000 net release of the valuation allowance. The release was due to the taxable income generated from the News America lawsuit settlement on February 9, 2011. During the year ended December 31, 2009, the Company recorded a $701,000 net release of the valuation allowance related to the utilization of loss carryforwards and determined that it was still more likely than not that none of the remaining deferred tax assets would be realized. The Company evaluates all significant available positive and negative evidence, including the existence of losses in recent years and its forecast of future taxable income, in assessing the need for a valuation allowance. The underlying assumptions the Company uses in forecasting future taxable income require significant judgment and take into account the Company's recent performance.

 

 

 

The tax benefit related to the partial release of the valuation allowance against deferred tax assets for the year ended December 31, 2010 was $5,674,000. Included as part of the Company's net operating loss carryforwards at December 31, 2010 were approximately $2,700,000 in tax deductions that resulted from the exercise of stock options. When these tax deductions were realized in 2011, the corresponding income tax benefit of the change in the valuation allowance was recorded as additional paid-in capital.

 

 

 

The actual tax expense attributable to income from continuing operations differs from the expected tax expense (benefit) computed by applying the U.S. federal corporate income tax rate of 35% to the net income as follows:


 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31

 

2011

 

2010

 

2009

 

Federal statutory rate

 

 

35.0

%

 

34.0

%

 

34.0

%

 

 

 

 

 

 

 

 

 

 

 

Change in valuation allowance

 

 

 

 

(674.9

)

 

(35.3

)

Stock options

 

 

(0.2

)

 

19.6

 

 

3.0

 

State taxes

 

 

2.0

 

 

2.6

 

 

0.5

 

Meals and entertainment

 

 

 

 

3.6

 

 

0.8

 

Impact of uncertain tax positions

 

 

0.5

 

 

 

 

 

Other

 

 

0.2

 

 

(0.3

)

 

 

 

 

 

 

 

 

 

 

 

 

 

Effective federal income tax rate

 

 

37.5

%

 

(615.4

)%

 

3.0

%


 

 

 

The Company has recorded a liability of $424,000 for uncertain tax positions taken in tax returns during the year ended December 31, 2011. This liability is reflected as Accrued Income Taxes on the Company's Balance Sheets. The Company files income tax returns in the United States and numerous state and local tax jurisdictions. Tax years that are open for examination and assessment by the Internal Revenue Service are 2008 and forward. With limited exceptions, tax years prior to 2008 are no longer open in major state and local tax jurisdictions. The Company does not anticipate that the total unrecognized tax benefits will change significantly prior to December 31, 2012.