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NOTE 11 - INCOME TAXES | 12 Months Ended
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Dec. 31, 2012
Income Tax Disclosure [Abstract] |
NOTE 11 - INCOME TAXES | For the years ended December 31, 2012, 2011 and 2010, we recognized income tax (benefit) expense comprised of the following:
|  | Years Ended |
|  | December 31, |
|  | 2012 |  |  | 2011 |  |  | 2010 |
Federal tax |  |  | 34.00% |  |  |  | 34.00% |  |  |  | 34.00% |
State franchise tax, net of federal benefit |  |  | 9.56% |  |  |  | 6.74% |  |  |  | -2.24% |
Non deductible expenses |  |  | 11.28% |  |  |  | 14.40% |  |  |  | -7.76% |
Changes in valuation allowance |  |  | -1240.29% |  |  |  | -44.79% |  |  |  | -28.68% |
(Benefit from) provision for income taxes |  |  | -1185.45% |  |  |  | 10.35% |  |  |  | -4.68% |
A reconciliation of the statutory U.S. federal rate and effective rates is as follows (in thousands):
|  | Years Ended |
|  | December 31, |
|  | 2012 |  |  | 2011 |  |  | 2010 |
State current tax |  | $ | 732 |  |  | $ | 820 |  |  | $ | 576 |
Other current tax |  |  | 32 |  |  |  | – |  |  |  | – |
Federal deferred tax |  |  | (51,003 | ) |  |  | – |  |  |  | – |
State deferred tax |  |  | (9,671 | ) |  |  | – |  |  |  | – |
(Benefit from) provision for income taxes |  | $ | (59,910 | ) |  | $ | 820 |  |  | $ | 576 |
Deferred income taxes reflect the net tax effects of temporary differences between carrying amounts of assets and liabilities for financial and income tax reporting purposes and operating loss carryforwards. Our deferred tax assets and liabilities comprise the following (in thousands):
|  | December 31, |
Deferred tax assets: |  | 2012 |  |  | 2011 |
Net operating losses |  | $ | 85,603 |  |  | $ | 79,874 |
Accrued expenses |  |  | 9,679 |  |  |  | 8,359 |
Unfavorable contract liability |  |  | 3,901 |  |  |  | 3,559 |
Equity compensation |  |  | 2,406 |  |  |  | 3,530 |
Allowance for doubtful accounts |  |  | 1,831 |  |  |  | 1,820 |
Other |  |  | 1,194 |  |  |  | 1,072 |
Valuation Allowance |  |  | (7,645 | ) |  |  | (65,883 | )
Total Deferred Tax Assets |  | $ | 96,969 |  |  | $ | 32,331 |
Deferred tax liabilities: |  |  |  |  |  |  |  |
Property Plant & Equipment |  |  | (9,680 | ) |  |  | (11,652 | )
Goodwill |  |  | (14,221 | ) |  |  | (12,212 | )
Unrealized gain on hedging agreement |  |  | – |  |  |  | (2,478 | )
Intangibles |  |  | (10,411 | ) |  |  | (5,202 | )
Other |  |  | (2,260 | ) |  |  | (1,064 | )
Total Deferred Tax Liabilities |  | $ | (36,572 | ) |  | $ | (32,608 | )
Net Deferred Tax Asset (Liability) |  | $ | 60,397 |  |  | $ | (277 | )
As of December 31, 2012, we had federal and state net operating loss carryforwards of approximately $224.7 million and $73.0 million, respectively, which expire at various intervals from the years 2017 to 2032. As of December 31, 2012, $23.5 million of our federal net operating loss carryforwards acquired in connection with the 2011 acquisition of Raven Holdings U.S., Inc. were subject to limitations related to their utilization under Section 382 of the Internal Revenue Code. Future ownership changes as determined under Section 382 of the Internal Revenue Code could further limit the utilization of net operating loss carryforwards. Cumulative excess tax benefits of $4.4 million, related to the exercise of nonqualified stock options, will be recorded in equity when realized. We consider all evidence available when determining whether deferred tax assets are more likely-than-not to be realized, including projected future taxable income, scheduled reversals of deferred tax liabilities, prudent tax planning strategies, and recent financial operations. The evaluation of this evidence requires significant judgment about the forecasts of future taxable income and are consistent with the plans and estimates we are using to manage the underlying businesses. In evaluating the objective evidence that historical results provide, we consider three years of cumulative operating income. As of December 31, 2012, we have determined that deferred tax assets of $97.0 million are more-likely than not to be realized. We have also determined that deferred tax liabilities of $14.2 million are required related to book basis in goodwill that has an indefinite life. Prior to 2012, we had recorded a valuation allowance on the majority of our deferred tax assets to reduce the deferred tax assets to the amount that was believed more likely than not to be realized. In assessing the need for a valuation allowance, we considered all available positive and negative evidence, including past results, the existence of cumulative losses in prior years, and forecasted future taxable income, and prudent tax planning strategies. During 2012, the majority of our valuation allowance, primarily related to net operating losses (NOLs), was reversed based on historical earnings and forecasts of future taxable income, resulting in the recognition of a $60.4 million tax benefit. The remaining valuation allowance primarily relates to state NOL’s. For the next five years, and thereafter, federal net operating loss carryforwards expire as follows (in thousands):
|  | Total Net Operating Loss Carryforwards |  |  | Amount Subject to 382 limitation |
Year Ended |  |  |  |  |  |
2013 |  | $ | – |  |  | $ | – |
2014 |  |  | – |  |  |  | – |
2015 |  |  | – |  |  |  | – |
2016 |  |  | – |  |  |  | – |
2017 |  |  | 15,184 |  |  |  | – |
Thereafter |  |  | 209,725 |  |  |  | 23,475 |
|  | $ | 224,909 |  |  | $ | 23,475 |
We file consolidated income tax returns in the U.S. federal jurisdiction, and various states and foreign jurisdictions. We continue to reinvest earnings of the non-US entities for the foreseeable future and therefore have not recognized any U.S. tax expense on these earnings. With limited exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 1998. We do not anticipate the results of any open examinations would result in a material change to its financial position. In 2010, we acquired a subsidiary that recognized a liability for uncertain tax positions in a prior year. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
Balance at December 31, 2009 |  | $ | – |
Additional based on tax positions of acquired subsidiaries in prior years |  |  | 90 |
Balance at December 31, 2012 |  | $ | 90 |
We recognize accrued interest and penalties related to unrecognized tax benefits in income tax expense. We recognized no penalties and interest during the years ended December 31, 2012, 2011 and 2010, and had assumed approximately $90,000 during the year ended December 31, 2010 for the payment of penalties and interest. The reserves for uncertain tax positions are included in accounts payable, accrued and other liabilities as of December 31, 2012 and 2011.

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Statement of Financial Accounting Standard (FAS) -Number 109 -Paragraph 136, 172 -LegacyDoc This reference is SUPERSEDED by the Accounting Standards Codification effective for interim and annual periods ending after September 15, 2009. This reference is included to help users transition from the previous accounting hierarchy and will be removed from future versions of this taxonomy. Reference 2: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 235 -SubTopic 10 -Section S99 -Paragraph 1 -Subparagraph (SX 210.4-08.(h)) -URI http://asc.fasb.org/extlink&oid=6881521&loc=d3e23780-122690 Reference 3: http://www.xbrl.org/2003/role/presentationRef -Publisher SEC -Name Regulation S-X (SX) -Number 210 -Section 08 -Paragraph h -Article 4 Reference 4: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 15 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32718-109319 Reference 5: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Statement of Financial Accounting Standard (FAS) -Number 109 -Paragraph 43, 44, 45, 46, 47, 48, 49 -LegacyDoc This reference is SUPERSEDED by the Accounting Standards Codification effective for interim and annual periods ending after September 15, 2009. This reference is included to help users transition from the previous accounting hierarchy and will be removed from future versions of this taxonomy. Reference 6: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 2 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32537-109319 Reference 7: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 9 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32639-109319 Reference 8: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 3 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32559-109319 + Details
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