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Note 13 - Income Taxes
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

(13)         Income Taxes


Income Tax Provision


Income tax provision from continuing operations was as follows (in thousands):


Year Ended December 31,

 

2014

   

2013

   

2012

 

Current:

                       

Federal

  $ 56,342     $ 46,727     $ 31,438  

State

    7,944       5,539       3,626  
      64,286       52,266       35,064  

Deferred:

                       

Federal

    10,433       9,010       10,888  

State

    236       (702 )     3,110  
      10,669       8,308       13,998  

Total

  $ 74,955     $ 60,574     $ 49,062  

At December 31, 2014 and 2013, we had income taxes receivable of $5.6 million and $3.4 million, respectively, included as a component of other current assets in the Consolidated Balance Sheets.


The reconciliation between amounts computed using the federal income tax rate of 35% and our income tax provision from continuing operations for 2014, 2013 and 2012 is shown in the following tabulation (in thousands):


Year Ended December 31,

 

2014

   

2013

   

2012

 

Federal tax provision at statutory rate

  $ 73,673     $ 58,026     $ 44,723  

State taxes, net of federal income tax benefit

    6,526       3,141       4,772  

Non-deductible expenses

    3,188       1,010       618  

Permanent differences related to the employee stock purchase program

    68       55       52  

Net change in valuation allowance

    (4,121 )     (554 )     (1,200 )

General business credits

    (4,002 )     (440 )     -  

Other

    (377 )     (664 )     97  

Income tax provision

  $ 74,955     $ 60,574     $ 49,062  

Deferred Taxes


Individually significant components of the deferred tax assets and (liabilities) are presented below (in thousands):


December 31,

 

2014

   

2013

 

Deferred tax assets:

               

Deferred revenue and cancellation reserves

  $ 31,539     $ 22,356  

Allowances and accruals, including state tax carryforward amounts

    28,553       17,561  

Interest on derivatives

    678       1,113  

Credits and other

    -       1,937  

Goodwill

    2,668       10,331  

Capital loss carryforward

    10,711       10,893  

Valuation allowance

    (8,663 )     (11,087 )

Total deferred tax assets

    65,486       53,104  
                 

Deferred tax liabilities:

               

Inventories

    (19,356 )     (6,722 )

Goodwill

    (21,320 )     -  

Property and equipment, principally due to differences in depreciation

    (67,271 )     (32,563 )

Prepaid expenses and other

    (2,936 )     (2,015 )

Total deferred tax liabilities

    (110,883 )     (41,300 )
                 

Total

  $ (45,397 )   $ 11,804  

We consider whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon future taxable income during the periods in which those temporary differences become deductible. We consider the scheduled reversal of deferred tax liabilities (including the impact of available carryback and carryforward periods), projected future taxable income and tax-planning strategies in making this assessment.


As of December 31, 2014, we had an $8.7 million valuation allowance recorded associated with our deferred tax assets. The majority of this allowance is associated with capital losses from the sale of corporate entities in prior years. The valuation allowance decreased $2.4 million in the current year. Of this decrease, $4.1 million was primarily a result of our equity investment in a partnership with U.S. Bancorp Community Development Corporation. See also Note 18. This decrease was offset by certain state net operating losses (“NOL”) acquired as part of the acquisition of DCH for which we determined it is more likely than not that the benefit from certain state NOL carryforwards will not be realized. In recognition of this risk, we recorded a valuation allowance of $1.7 million on the deferred tax assets relating to these state NOL carryforwards.


As of the end of 2014, we evaluated the availability of projected capital gains and determined that it continues to be unlikely the remaining capital loss carryforward would be fully utilized. We will continue to evaluate if it is more likely than not that we will realize the benefits of these deductible differences. However, additional valuation allowance amounts could be recorded in the future if estimates of taxable income during the carryforward period are reduced.


At December 31, 2014, we had a number of state tax carryforward amounts totaling approximately $2.0 million, tax affected, with expiration dates through 2034. We believe that it is more likely than not that the benefit from certain state NOL carryforwards will not be realized. In recognition of this risk, we have provided a valuation allowance of $1.6 million on the deferred tax assets relating to these state NOL carryforwards.


Unrecognized Tax Benefits


The following is a reconciliation of our unrecognized tax benefits (in thousands):


Balance, December 31, 2013

  $ -  

Acquired with acquisition

    1,495  

Balance, December 31, 2014

  $ 1,495  

The unrecognized tax benefit recorded was acquired as part of the acquisition of DCH. We have recorded a tax indemnification asset related to the unrecognized tax benfit as we determined the amount would be recoverable from the seller. We do not expect a material change in the balance of unrecognized tax benefits in the next twelve months. Unrecognized tax benefit is included as a component of other long-term liabilities in our Consolidated Balance Sheets. We did not have any activity during 2013 or 2012 related to unrecognized tax benefits.


Open tax years at December 31, 2014 included the following:


Federal

    2011-2014  

14 states

    2009-2014