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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES [Abstract]  
INCOME TAXES
Note 7, Income Taxes:

Income tax expense (benefit) consists of the following:
 
(In thousands)
 
2012
 
 
2011
 
 
2010
 
Current
 
 
 
 
 
 
 
 
 
Federal
 
$
9,375
 
 
$
(3,136
)
 
$
2,640
 
State
 
 
1,439
 
 
 
223
 
 
 
542
 
 
 
10,814
 
 
 
(2,913
)
 
 
3,182
 
 
 
 
 
 
 
 
 
 
 
 
 
Deferred
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 
 
(2,235
)
 
 
(7,002
)
 
 
(2,839
)
State
 
 
26
 
 
 
(945
)
 
 
(114
)
 
 
(2,209
)
 
 
(7,947
)
 
 
(2,953
)
 
$
8,605
 
 
$
(10,860
)
 
$
229
 
The differences between income tax expense in the accompanying Consolidated Financial Statements and the amount computed by applying the statutory Federal income tax rate are as follows:

(In thousands)
 
2012
 
 
2011
 
 
2010
 
Statutory rates applied to income before income taxes
 
$
8,231
 
 
$
1,565
 
 
$
3,036
 
State income taxes, net of Federal tax benefit
 
 
769
 
 
 
143
 
 
 
302
 
Net permanent differences
 
 
8
 
 
 
33
 
 
 
(25
)
Change in deferred tax asset valuation allowance
 
 
(1,207
)
 
 
(14,121
)
 
 
(3,133
)
Change in state credits
 
 
1,129
 
 
 
717
 
 
 
 
Change for net operating loss carrybacks, amended returns and related receivables
 
 
342
 
 
 
422
 
 
 
 
Change in deferred tax rate
 
 
(125
)
 
 
274
 
 
 
 
Change in reserve for uncertain tax positions
 
 
(674
)
 
 
42
 
 
 
16
 
Other
 
 
132
 
 
 
65
 
 
 
33
 
 
$
8,605
 
 
$
(10,860
)
 
$
229
 

Our 2011 benefit includes a $717,000 impact of the change in treatment of ports credits by the state of Georgia.  These credits were almost completely reserved in our valuation allowance as are the remaining revised credits. Our 2012 expense includes the impact of state credits which expired in 2012. The change in state credits in 2012 is the unused amounts which expired as of the end of the tax year.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.  The amounts in the following table are grouped based on broad categories of items that generate the deferred tax assets and liabilities.


(In thousands)
 
2012
 
 
2011
 
Deferred tax assets:
 
 
 
 
 
 
Accounts receivable related
 
$
578
 
 
$
573
 
Net property and equipment
 
 
10,313
 
 
 
7,994
 
Leases
 
 
5,608
 
 
 
4,737
 
Accrued liabilities
 
 
655
 
 
 
140
 
State tax credits
 
 
1,576
 
 
 
2,705
 
Pensions
 
 
9,515
 
 
 
10,435
 
Other
 
 
37
 
 
 
709
 
Total deferred tax assets
 
 
28,282
 
 
 
27,293
 
Deferred tax liabilities:
 
 
 
 
 
 
 
 
Inventory related
 
 
8,446
 
 
 
7,938
 
Other
 
 
702
 
 
 
739
 
Total deferred tax liabilities
 
 
9,148
 
 
 
8,677
 
Valuation allowance
 
 
(1,363
)
 
 
(2,570
)
Net deferred tax assets
 
$
17,771
 
 
$
16,046
 



 Deferred tax assets and deferred tax liabilities which are current are netted against each other as are non-current deferred tax assets and non-current deferred tax liabilities as they relate to each tax-paying component for presentation in the consolidated balance sheets. These groupings are detailed in the following table:

(In thousands)
 
2012
 
 
2011
 
Current assets (liabilities):
 
 
 
 
 
 
Current deferred assets
 
$
5,060
 
 
$
3,331
 
Current deferred liabilities
 
 
(10,292
)
 
 
(9,796
)
Valuation allowance
 
 
(1,363
)
 
 
(170
)
 
 
(6,595
)
 
 
(6,635
)
Non-current assets (liabilities):
 
 
 
 
 
 
 
 
Non-current deferred assets
 
 
46,997
 
 
 
45,208
 
Non-current deferred liabilities
 
 
(22,631
)
 
 
(20,127
)
Valuation allowance
 
 
 
 
 
(2,400
)
 
 
24,366
 
 
 
22,681
 
Net deferred tax assets
 
$
17,771
 
 
$
16,046
 

We review our deferred tax assets to determine the need for a valuation allowance based on evidence to conclude that it is more-likely-than-not they will be realized.  The evaluation during 2010 resulted in the release of $2,014,000 from a valuation allowance established in 2008, of which $3,133,000 reduced income tax expense and $1,119,000 was charged to accumulated other comprehensive loss for the portion related to our pension plan.
 
Our profitability in the fourth quarter of 2011 was sufficient such that we were no longer in a cumulative loss position.  The sustained improvements in our results since mid-2009 and a review of other positive and negative evidence led us to conclude that a valuation allowance for most of our net deferred tax assets was no longer required.  Accordingly, during the fourth quarter of 2011 we released $14.1 million of our valuation allowance.  As of December 31, 2012 and 2011 the our valuation allowance on deferred tax assets is $1.4 million and $2.6 million, respectively and was related to state income tax credits.  Current evidence does not suggest sufficient taxable income will be generated in this state prior to the expiration of the credits to realize these deferred tax benefits.

We file income tax returns in the U.S. federal jurisdiction and various state and local jurisdictions.  With respect to U.S. federal, state and local jurisdictions, with limited exceptions, we are no longer subject to income tax audits for years before 2009.

Uncertain Tax Positions:  A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
 

(In thousands)
2012
2011
2010
Balance at January 1
$
783
$
785
$
785
Gross increases – tax positions in prior period
38
Gross decreases – tax positions in prior period
(40
)
Reductions related to settlements with taxing
 authorities and the lapse of the statute of limitations
 
(783
 
)
 
 
Balance at December 31
$
$
783
$
785
 

During 2012 we settled federal and state audits and the statute of limitations lapsed eliminating our unrecognized tax positions and reducing our effective tax rate by approximately $674,000.  Interest and penalties are recognized as components of income tax expense.  We had approximately $285,000 of accrued interest and penalties at December 31, 2011.