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

8. Income Taxes

        Significant components of the Company's tax provision for the years ended December 31, 2010, 2011, and 2012 are as follows:

 
  For the Year Ended December 31,  
 
  2010   2011   2012  
 
  (In thousands)
 

Current:

                   

Federal

  $ 34,854   $ 40,007   $ 74,076  

State and local

    7,076     5,672     11,589  
               

Total current

    41,930     45,679     85,665  

Deferred

    9,450     35,305     7,909  
               

Total income tax provision

  $ 51,380   $ 80,984   $ 93,574  
               

        The differences between the expected income tax provision and income taxes computed at the federal statutory rate of 35% were as follows:

 
  For the Year Ended
December 31,
 
 
  2010   2011   2012  

Expected federal tax rate

    35.0 %   35.0 %   35.0 %

State and local taxes, net of federal benefit

    3.7     3.9     4.0  

Other permanent differences

    0.8     0.9     0.6  

Valuation allowance

    (4.0 )   (0.4 )   (0.6 )

Uncertain tax positions

    (0.7 )   (3.1 )   (0.5 )

IRS audit settlements

            (0.5 )

Non-controlling interest

    (1.1 )   (0.9 )   (0.9 )

Sale of entities

        2.7      

Other

    0.1         (0.4 )
               

Total

    33.8 %   38.1 %   36.7 %
               

        A summary of deferred tax assets and liabilities is as follows:

 
  December 31, 2011   December 31, 2012  
 
  Total   Current   Non-
Current
  Total   Current   Non-
Current
 
 
  (In thousands)
 

Deferred tax assets

                                     

Allowance for doubtful accounts

  $ 2,183   $ 2,183   $   $ 1,496   $ 1,496   $  

Compensation and benefit related accruals

    42,302     35,831     6,471     45,784     38,254     7,530  

Malpractice insurance

    14,409     3,762     10,647     17,005     5,003     12,002  

Restructuring reserve

    1,988     1,988         679     679      

Net operating loss carryforwards

    26,941     853     26,088     24,543     777     23,766  

Other

    2,475     2,117     358     1,025     996     29  

Stock options

    1,927         1,927     4,089         4,089  

Excess capital loss

    270         270              

Uncertain tax positions

    3,096         3,096     2,661         2,661  
                           

Total deferred tax assets

    95,591     46,734     48,857     97,282     47,205     50,077  

Deferred tax liabilities

                                     

Deferred income

    (31,660 )   (24,698 )   (6,962 )   (33,188 )   (26,253 )   (6,935 )

Other

    (2,048 )   (356 )   (1,692 )   (1,311 )   (118 )   (1,193 )

Depreciation and amortization

    (109,873 )       (109,873 )   (121,075 )       (121,075 )
                           

Total deferred tax liabilities

    (143,581 )   (25,054 )   (118,527 )   (155,574 )   (26,371 )   (129,203 )

Net deferred taxes before valuation allowance

   
(47,990

)
 
21,680
   
(69,670

)
 
(58,292

)
 
20,834
   
(79,126

)

Valuation allowance

    (15,733 )   (3,375 )   (12,358 )   (13,341 )   (2,957 )   (10,384 )
                           

Net deferred taxes

  $ (63,723 ) $ 18,305   $ (82,028 ) $ (71,633 ) $ 17,877   $ (89,510 )
                           

        The valuation allowance as of December 31, 2012 is primarily attributable to the uncertainty regarding the realization of state net operating losses and other net deferred tax assets of loss entities. The net deferred tax liabilities at December 31, 2011 and 2012 of approximately $63.7 million and $71.6 million, respectively, consist of items which have been recognized for tax reporting purposes, but which will increase tax on returns to be filed in the future, and include the use of net operating loss carryforwards. The Company has performed the required assessment of positive and negative evidence regarding the realization of the deferred tax assets. This assessment included a review of legal entities with three years of cumulative losses, estimates of projected future taxable income and the impact of tax-planning strategies that management plans to implement. Although realization is not assured, based on the Company's assessment, it has concluded that it is more likely than not that such assets, net of the determined valuation allowance, will be realized.

        The total state net operating losses are approximately $545.1 million. State net operating loss carry forwards expire and are subject to gross valuation allowances as follows (in thousands):

 
  State Net
Operating
Losses
  Gross
Valuation
Allowance
 

2013

  $ 40,220   $ 40,054  

2014

    7,780     6,247  

2015

    9,513     8,334  

2016

    8,525     8,302  

Thereafter through 2032

    479,046     339,030  

Reserves for Uncertain Tax Positions:

        The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state jurisdictions. Significant judgment is required in evaluating the Company's tax positions and determining its provision for income taxes. During the ordinary course of business, there are many transactions and calculations for which the ultimate tax determination is uncertain. The Company establishes reserves for tax-related uncertainties based on estimates of whether, and the extent to which, additional taxes will be due. These reserves are established when it is believed that certain positions might be challenged despite the Company's belief that its tax return positions are fully supportable. The Company adjusts these reserves in light of changing facts and circumstances, such as the outcome of a tax audit. The provision for income taxes includes the impact of reserve provisions and changes to reserves that are considered appropriate.

        The reconciliation of the Company's unrecognized tax benefits is as follows (in thousands):

Gross tax contingencies—January 1, 2010

  $ 22,735  

Acquired contingencies—Regency Management Company

    915  

Reductions for tax positions taken in prior periods due primarily to statute expiration

    (2,972 )

Additions for existing tax positions taken

    1,632  
       

Gross tax contingencies—December 31, 2010

    22,310  

Reductions for tax positions taken in prior periods due primarily to statute expiration

    (2,706 )

Reductions for tax positions taken in prior periods due to change in estimate

    (7,012 )

Additions for existing tax positions taken

    3,064  
       

Gross tax contingencies—December 31, 2011

    15,656  

Reductions for tax positions taken in prior periods due primarily to statute expiration

    (2,516 )

Additions for existing tax positions taken

    750  
       

Gross tax contingencies—December 31, 2012

  $ 13,890  
       

        In 2011, the Company recognized $7.0 million of income tax benefits based on new information discovered by the Company which substantiates previously unrecognized tax benefits from an acquisition which occurred in 1999.

        As of December 31, 2011 and 2012, the Company had $15.6 million and $13.9 million of unrecognized tax benefits, respectively, all of which, if fully recognized, would affect the Company's effective income tax rate.

        As of December 31, 2012, changes to the Company's gross unrecognized tax benefits that are reasonably possible in the next 12 months are not material. The Company's policy is to include interest related to income taxes in income tax expense. As of December 31, 2011 and December 31, 2012, the Company had accrued interest related to income taxes of $1.3 million and $1.5 million, net of federal income taxes, respectively. Interest recognized for the years ended December 31, 2010, 2011 and 2012 was $0.4 million, $0.4 million, and $0.5 million, net of federal income tax benefits, respectively.

        The Company has substantially concluded all U.S. federal income tax matters for years through 2008. The statute for the 2006 U.S. federal income tax return is closed with the exception of a capital loss carryback made to this tax year. Substantially all material state, local and foreign income tax matters have been concluded for years through 2007.