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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES [Abstract]  
INCOME TAXES
(10) 
INCOME TAXES

The Company accounts for income taxes through recognition of deferred tax assets and liabilities for the expected future income tax consequences of events, which have been included in the financial statements or tax returns. Under this method, deferred tax assets and liabilities are determined based on the difference between the financial statement and tax basis of assets and liabilities using enacted tax rates in effect for the year in which the differences are expected to reverse.

Income tax expense for the years ended December 31, 2010, 2011 and 2012 consists of the following:

 
2010
 
 
2011
 
 
2012
 
Current:
 
 
 
 
 
 
 
 
 
Federal
 
$
270,477
 
 
$
(6,284
)
 
$
(149,228
)
State
 
 
19,153
 
 
 
17,710
 
 
 
(28,759
)
 
 
289,630
 
 
 
11,426
 
 
 
(177,987
)
Deferred:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 
 
666,363
 
 
 
980,926
 
 
 
620,429
 
State
 
 
60,677
 
 
 
73,120
 
 
 
59,624
 
 
 
727,040
 
 
 
1,054,046
 
 
 
680,053
 
 
 
 
 
 
 
 
 
 
 
 
 
Total income tax expense
 
$
1,016,670
 
 
$
1,065,472
 
 
$
502,066
 

The Company's effective tax rate differs from the statutory rate due to the impact of the following (expressed as a percentage of income before income taxes):

 
2010
 
 
2011
 
 
2012
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Statutory federal income tax expense
 
 
34.0
%
 
 
34.0
%
 
 
34.0
%
State income tax expense
 
 
3.0
 
 
 
3.0
 
 
 
3.0
 
Effect of permanent differences -
 
 
 
 
 
 
 
 
 
 
 
 
Travel and entertainment expenses
 
 
-
 
 
 
0.5
 
 
 
1.1
 
Share based compensation
 
 
4.3
 
 
 
2.2
 
 
 
3.5
 
Other
 
 
-
 
 
 
-
 
 
 
(3.3
)
 
 
41.3
%
 
 
39.7
%
 
 
38.4
%
 
 
Temporary differences comprise the deferred tax assets and liabilities in the consolidated balance sheets as follows:

 
December 31,
 
 
2011
 
 
2012
 
 
 
 
 
 
 
Deferred tax assets current:
 
 
 
 
 
 
Accruals not currently deductible
 
$
85,607
 
 
$
93,246
 
Allowance for doubtful accounts
 
 
111,720
 
 
 
112,447
 
 
 
197,327
 
 
 
205,693
 
Deferred tax assets long-term:
 
 
 
 
 
 
 
 
Stock option compensation
 
 
589,879
 
 
 
358,530
 
 
 
589,879
 
 
 
358,530
 
Deferred tax liabilities long-term:
 
 
 
 
 
 
 
 
Depreciation for tax over books
 
 
(241,235
)
 
 
(673,345
)
Contingent liabilities impairment
 
 
(203,500
)
 
 
(203,500
)
Intangible asset amortization for tax over books
 
 
(2,454,423
)
 
 
(2,479,494
)
 
 
(2,899,158
)
 
 
(3,356,338
)
Net long-term deferred tax liability
(2,309,279)
(2,997,808)
 
 
 
 
 
 
 
 
Net deferred tax asset (liability)
 
$
(2,111,952
)
 
$
(2,792,115
)

The Company's deferred tax assets are related to: Accruals not currently deductible, allowance for doubtful accounts and stock option timing differences between book and tax.  The Company has not established a valuation allowance to reduce deferred tax assets as the Company expects to fully recover these amounts in future periods. The Company's deferred tax liability is the result of depreciation expense for tax being greater than depreciation expense for books, intangible asset amortization expense for tax being greater than the intangible asset amortization expense for books and the recording of contingent liabilities during the quarter ended December 31, 2011.  Management reviews and adjusts those estimates annually based upon the most current information available.  However, because the recoverability of deferred taxes is directly dependent upon the future operating results of the Company, actual recoverability of deferred taxes may differ materially from management's estimates.

In 2010, 2011 and 2012, tax benefits associated with the exercise of stock options reduced (increased) taxes payable by approximately $120,000, $19,000 and ($18,000), respectively, and increased (reduced) equity by the same amount.

The Company is aware of the risk that the recorded deferred tax assets may not be realizable.  However, management believes that the Company will obtain the full benefit of the deferred tax assets on the basis of its evaluation of the Company's anticipated profitability over the period of years that the temporary differences are expected to become tax deductions.  It believes that sufficient book and taxable income will be generated to realize the benefit of these tax assets.

Under professional standards, the Company's policy is to evaluate the likelihood that its uncertain tax positions will prevail upon examination based on the extent to which those positions have substantial support within the Internal Revenue Code and regulations, revenue rulings, court decisions and other evidence.

At December 31, 2011 and 2012, the Company had no unrecognized tax benefits that would affect the effective tax rate if recognized, and as of December 31, 2011 and 2012, the Company had no accrued interest or penalties related to uncertain tax positions.  The Company recognizes interest and penalties related to uncertain tax positions in income tax expense.  The Company files income tax returns in the U.S. federal jurisdiction and the states of Colorado, Arizona and New Mexico.  The tax years 2009-2012 remain open to examination by taxing jurisdictions to which the Company is subject.