11. Income Taxes

The University has deferred tax assets and liabilities that 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. Deferred tax assets are subject to periodic recoverability assessments. Realization of the deferred tax assets, net of deferred tax liabilities is principally dependent upon achievement of projected future taxable income. Based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more-likely-than-not that the University will realize the benefits of these deductible differences. The University has no valuation allowance at December 31, 2012 and 2011.

The components of income tax expense (benefit) are as follows:


	Year Ended December 31,
	2012			2011		2010
Current:
Federal	$	36,818		$	7,441	$	22,522
State		7,575			2,737		5,163

		44,393			10,178		27,685

Deferred:
Federal		(448	)		18,125		(2,956	)
State		32			2,679		(2,480	)

		(416	)		20,804		(5,436	)

	$	43,977		$	30,982	$	22,249

A reconciliation of income tax computed at the U.S. statutory rate to the effective income tax rate is as follows:


	Year Ended December 31,
	2012			2011			2010
Statutory U.S. federal income tax rate		35.0	%		35.0	%		35.0	%
State income taxes, net of federal tax benefit		5.9			5.5			5.6
State tax credits, net of federal effect		(1.6	)		(1.2	)		(1.7	)
Non deductible expenses		0.2			0.2			0.4
Other		(0.7	)		(1.5	)		(0.6	)

Effective income tax rate		38.8	%		38.0	%		38.7	%

Significant components of the Company’s deferred income tax assets and liabilities are as follows:


	As of December 31,
	2012			2011
Current deferred tax asset (liability):
Accounts receivable allowance for doubtful accounts	$	3,321		$	4,638
State taxes		(741	)		(764	)
Estimated litigation loss and regulatory reserves		1,588			76
Other		1,313			(597	)

Current deferred tax asset		5,481			3,353

Non-current deferred tax asset (liability):
Depreciation and leases		(21,774	)		(18,763	)
Share-based compensation		8,294			6,664
Deferred rent		2,642			2,353
Intangibles		3,384			4,121
Other		409			291

Non-current deferred tax (liability) asset		(7,045	)		(5,334	)

Net deferred tax (liability) asset	$	(1,564	)	$	(1,981	)

The University recognizes the impact of a tax position in its financial statements if that position is more-likely-than-not to be sustained on audit, based on the technical merits of the position. The University discloses all unrecognized tax benefits, which includes the reserves recorded for uncertain tax positions on filed tax returns and the unrecognized portion of affirmative claims. No adjustment was made to opening retained earnings. The University recognizes interest and penalties related to uncertain tax positions in income tax expense.

The reconciliation of the beginning and ending balance of unrecognized tax benefits at December 31 is as follows:


	2012			2011
Unrecognized tax benefits, beginning of year	$	845		$	604
Tax positions taken during the current year
Increases		—			—
Decreases		—			—
Tax positions taken during a prior year
Increases		214			1,628
Decreases		(5	)		(304	)
Decreases for settlements during the period		(1,054	)		(937	)
Reductions for lapses of applicable statute of limitations		—			(146	)

Unrecognized tax benefits, end of year	$	—		$	845

As of December 31, 2012 and 2011, the unrecognized tax benefit recorded of $0 and $543, respectively, if reversed, would impact the effective tax rate. During the years ended December 31, 2012, 2011, and 2010, the University recognized approximately $87, $123 and $80, respectively, in interest and penalties. At December 31, 2012 and 2011, the University had accrued $0 and $121, respectively, in interest and $0, in penalties. It is reasonably possible that the amount of the unrecognized tax benefit will change during the next 12 months, however management does not expect the potential change to have a material effect on the results of operations or financial position.

The University’s uncertain tax positions were related to tax years that remained subject to examination by tax authorities. As of December 31, 2012, the earliest tax year still subject to examination for federal and state purposes is 2009 and 2005, respectively.