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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES [Abstract]  
INCOME TAXES
  11. INCOME TAXES

 

Components of our benefit for income taxes from continued operations are as follows:

 

(In Thousands)   Successor     Predecessor  
    January 1, 2012
Through December 31,
2012
    April 1, 2011
Through
December 31,
2011
    January 1, 2011
Through March 31,
2011
    Year Ended
December 31,
2010
 
                         
Federal   $ -     $ -     $ -     $ -  
State     -       -       -       -  
Total current     -       -       -       -  
Federal     9,697       1,626       -       1,845  
State     -       661       -       -  
Total deferred     9,697       2,287       -       1,845  
Benefit for income taxes   $ 9,697     $ 2,287     $ -     $ 1,845  

 

The effective income tax rate from continuing operations differs from the statutory US federal income tax rate as follows:

 

    Successor     Predecessor  
    January 1, 2012
Through
December 31,
2012
    April 1, 2011
Through
December 31,
2011
    January 1, 2011
Through March 31,
2011
    Year Ended
December 31,
2010
 
Taxes at federal statutory rate     35.0 %     35.0 %     35.0 %     35.0 %
State income tax, net     -0.9 %     3.4 %     -4.0 %     1.6 %
Discontinued Operations     0.3 %     8.4 %     0.0 %     7.1 %
FICA credit     0.2 %     2.5 %     0.6 %     0.7 %
Other, net     -0.3 %     -4.0 %     14.8 %     -3.8 %
Deferred taxes - NOL     0.0 %     -16.3 %     0.0 %     18.5 %
Reorganization costs     0.0 %     -3.1 %     -22.5 %     -6.3 %
Goodwill Impairment     -15.4 %     0.0 %     0.0 %     0.0 %
Non-deductible interest     -2.2 %     -20.7 %     0.0 %     0.0 %
Valuation allowance     0.4 %     6.6 %     -23.9 %     -45.7 %
Benefit for income taxes     17.1 %     11.8 %     0.0 %     7.1 %

 

Under the accounting guidance, deferred income taxes reflect the net tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company's net deferred income tax asset consisted of the following:

 

    Successor     Predecessor  
(In Thousands)   2012     2011     2010  
Deferred Tax Assets                        
Reserves and accruals   $ 1,556     $ 1,395     $ 1,258  
Fair value of SWAP     -       -       7,972  
Federal net operating loss carry forwards     24,181       26,232       39,545  
State net operating loss carry forwards     -       858       766  
AMT and other tax credits     2,664       2,897       3,758  
Deferred Interest     381       -       -  
Other     136       48       46  
Total before valuation allowance     28,918       31,430       53,345  
Valuation allowance     (13,481 )     (13,682 )     (47,893 )
Total Deferred Tax Asset     15,437       17,748       5,452  
Deferred Tax Liabilities                        
Prepaid expenses     (621 )     (792 )     (771 )
Property and equipment     (35,417 )     (34,757 )     (4,681 )
Intangibles     (1,833 )     (4,633 )     -  
Total Deferred Tax Liability     (37,871 )     (40,182 )     (5,452 )
Net Deferred Tax Liability   $ (22,434 )   $ (22,434 )   $ -  

 

We had U.S. net operating loss carry forwards in the amount of $114.3 million at December 31, 2012 and $120.1 million at December 31, 2011 that will expire in tax years ending 2013 through 2031. Our AMT credits of $2.2 million have no expiration date. Our other general business tax credits of $0.4 million at December 31, 2012 and $0.6 million at December 31, 2011 will expire in tax years ending 2029 through 2032. Our net operating loss and general business credit carryforwards have been adjusted to reflect the sale of Riviera Black Hawk in 2012. Due to certain significant changes in ownership in prior years, the net operating losses and general business credits for December 31, 2012 have been adjusted on the balance sheet to reflect the amount that will be available for use under Internal Revenue Code of 1986, as amended, Sections 382 and 383.

 

We have performed an assessment of positive and negative evidence regarding the realization of the deferred tax assets in accordance with accounting guidance. This assessment included the evaluation of the reversal of temporary differences. As a result, we have concluded that it is more likely than not that the net deferred tax assets, excluding the deferred tax liability related to the step up in land recorded in fresh-start reporting, will not be realized and thus have provided an allowance for the net deferred tax asset balance. Our valuation allowance was $13.5 million at December 31, 2012 and $13.7 million at December 31, 2011.

 

The Company is subject to the accounting guidance for uncertain income tax positions as of January 1, 2007. The Company believes that its income tax filing positions and deductions will be sustained on audit and does not anticipate any adjustments that will result in a material adverse effect on the Company's financial condition, results of operations, or cash flow. Therefore, no reserves for uncertain income tax positions have been recorded pursuant to the accounting guidance. In addition, the Company did not record a cumulative effect adjustment related to the adoption of the accounting guidance for uncertain income tax positions.

 

Management does not believe that the amounts of unrecognized tax benefits will increase within the next twelve months. With a few exceptions, we are no longer subject to U.S. federal, state and local income tax examinations for years before 1994.