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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Taxes  
Income Taxes

11. Income Taxes

        The income tax provision consisted of the following for the years ended December 31:

(in thousands)
  2012   2011   2010  

Current

                   

Federal

  $ 14,856   $ 10,047   $ 6,349  

State

    2,885     2,038     1,151  
               

 

    17,741     12,085     7,500  
               

Deferred

                   

Federal

    2,396     (1,039 )   1,421  

State

    291     (287 )   322  
               

 

    2,687     (1,326 )   1,743  
               

Income tax expense

  $ 20,428   $ 10,759   $ 9,243  
               

        The differences between the U.S. federal statutory tax rate and the Company's effective tax rate for continuing operations were as follows for the years ended December 31:

 
  2012   2011   2010  

U.S federal statutory rate

    35.0 %   35.0 %   35.0 %

State income taxes, net of U.S. federal income tax expense

    3.8     4.5     4.6  

Provision to return adjustments, net

    (0.2 )   (0.3 )   (1.1 )

Deferred tax adjustments, net

        (0.1 )   0.2  

Domestic production/manufacturing deduction

    (2.0 )   (2.7 )   (2.4 )

Refund of fine related to OSHA violation

            (0.1 )

Non-deductible meals and entertainment

    0.4     0.7     0.6  

Research and development credit

    (0.1 )   (0.1 )   (0.3 )

Other, net

    0.5         (0.1 )
               

 

    37.4 %   37.0 %   36.4 %
               

        The net deferred tax assets and (liabilities) arising from temporary differences was as follows at December 31:

(in thousands)
  2012   2011  

Deferred income tax assets:

             

Self insurance reserves

  $ 9,439   $ 9,772  

Contract loss reserves

    49     254  

Stock-based awards

    5,099     5,262  

Other

    3,253     3,245  
           

Total deferred income tax assets

    17,840     18,533  
           

Deferred income tax liabilities:

             

Property and equipment—tax over book depreciation

    (22,572 )   (20,449 )

Intangible assets—tax over book amortization

    (4,056 )   (4,185 )
           

Total deferred income tax liabilities

    (26,628 )   (24,634 )
           

Net deferred income taxes

  $ (8,788 ) $ (6,101 )
           

        The balance sheet classification of deferred income taxes is as follows:

(in thousands)
  2012   2011  

Current deferred income tax assets

  $ 12,742   $ 13,253  

Non-current deferred income tax liabilities

    (21,530 )   (19,354 )
           

 

  $ (8,788 ) $ (6,101 )
           

        The Company is subject to taxation in various jurisdictions. The Company's federal tax returns for 2009 and 2010 are currently under examination by the Internal Revenue Service. The Company remains subject to examination by U.S. federal authorities for the remaining open tax year (2011) and by various state authorities for the years 2008 through 2011.

        The Company has recorded a liability for unrecognized tax benefits related to tax positions taken on its various income tax returns. If recognized, the entire amount of unrecognized tax benefits would favorably impact the effective tax rate that is reported in future periods. The Company anticipates that total unrecognized tax benefits will be reduced within the next 12 months due to the lapses in the applicable statutes of limitations, as well as pending federal tax settlements for the two years under examination. The adjustment related to these items is estimated at approximately $0.3 million.

        The following is a reconciliation of the beginning and ending liabilities for unrecognized tax benefits at December 31:

(in thousands)
  2012   2011  

Balance at beginning of period

  $ 567   $ 392  

Gross increases in current period tax positions

    186     194  

Gross increases in prior period tax positions

    134     31  

Gross decreases in prior period tax positions

    (232 )   (34 )

Lapse of applicable statutes of limitations

        (16 )
           

Balance at end of period

    655     567  

Accrued interest and penalties at end of period

    185     113  
           

Total liability for unrecognized tax benefits

  $ 840   $ 680  
           

        The liability for unrecognized tax benefits, including accrued interest and penalties, were included in other liabilities in the accompanying consolidated balance sheets. The amount of interest and penalties charged or credited to income tax expense as a result of the unrecognized tax benefits was $0.2 million for the year ended December 31, 2012 and $0.1 million or less for each of the years ended December 31, 2011 and 2010.