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INCOME TAXES

12 Months Ended

Jan. 31, 2014

15.

INCOME TAXES

The provision (benefit) for income taxes from continuing operations for fiscal years 2013, 2012 and 2011 consists of the following (amounts in thousands):

	2013		2012			2011

Federal:
Current	$	2,965	$	—		$	417
Deferred		15,360		(1,595	)		14,166

		18,325		(1,595	)		14,583

State and Local:
Current		2,150		—			618
Deferred		220		(32	)		1,054

		2,370		(32	)		1,672

Provision (benefit) for income taxes	$	20,695	$	(1,627	)	$	16,255

The tax effects of significant temporary differences representing deferred tax assets and liabilities are as follows as of January 31, 2014 and 2013 (amounts in thousands):

	2014			2013

Assets:
Deferral of service contract income	$	—		$	136
Accrued liabilities		331			46
Stock based compensation		185			338
Property and equipment, net		—			613
Federal net operating loss carryforward		—			7,625
AMT credit carryforward		19,751			23,589
Alcohol fuels tax credit		546			573
State net operating loss carryforward		2,833			3,236
Other items		396			748
Valuation allowance		(2,017	)		(1,891	)

Total		22,025			35,013
Liabilities:
Basis in pass through entities, including depreciation		(39,195	)		(36,489	)
Other		(297	)		(1,735	)

Total		(39,492	)		(38,224	)
Net deferred tax liability	$	(17,467	)	$	(3,211	)

The Company has approximately $19.8 million and $23.6 million of AMT credit carryforwards as of January 31, 2014 and 2013, respectively. The AMT credit carryforwards can be used to offset future regular income tax liabilities subject to certain limitations. The AMT credit carryforwards have no expiration date. The Company must generate approximately $132 million in future taxable income to fully utilize the AMT credit carryforward. If the Company is not able to generate sufficient taxable income in subsequent years to allow for the utilization of the deferred tax assets, the Company would need to provide a valuation allowance for such deferred tax assets, thus increasing income tax expense.

The Company has state net operating loss carryforwards of approximately $32.5 million, net of the federal benefit, which will begin to expire in fiscal year 2019.

The Company has a valuation allowance of approximately $2,017,000 at January 31, 2014. The Company increased the valuation allowance by $126,000, $215,000 and $434,000 in fiscal years 2013 2012, and 2011, respectively. These adjustments to the valuation allowance are a result of estimates of realizing certain future state tax benefits and federal capital loss carryforwards.

The Company paid income taxes of approximately $3,450,000, $51,000 and $1,550,000 in fiscal years 2013, 2012 and 2011, respectively. The Company received refunds of income taxes of approximately $38,000, $1,005,000 and $7,208,000 in fiscal years 2013, 2012 and 2011, respectively.

The effective income tax rate on consolidated pre-tax loss or income differs from the federal income tax statutory rate for fiscal years 2013, 2012 and 2011 as follows:

	2013			2012			2011

Federal income tax at statutory rate		35.0	%		35.0	%		35.0	%
State and local taxes, net of federal tax benefit		4.5			5.3			4.0
Net change in valuation allowance		0.2			(4.7	)		1.0
Domestic production activities deduction		(1.5	)		—			(3.2	)
Uncertain tax positions		(0.1	)		(1.4	)		0.2
Noncontrolling interest		(3.4	)		6.7			(4.0	)
Other		(0.1	)		1.7			0.3

Total		34.6	%		42.6	%		33.3	%

The Company files a U.S. federal income tax return and income tax returns in various states. In general, the Company is no longer subject to U.S. federal, state or local income tax examinations by tax authorities for fiscal years ended January 31, 2010 and prior.

The Company applies the provisions of ASC 740-10-25-5 for uncertain tax positions. As of January 31, 2014, total unrecognized tax benefits were $1,451,000, and accrued penalties and interest were $411,000. If the Company were to prevail on all unrecognized tax benefits recorded, approximately $24,000 of the reserve would benefit the effective tax rate. In addition, the impact of penalties and interest would also benefit the effective tax rate. Interest and penalties associated with unrecognized tax benefits are recorded within income tax expense.

On a quarterly and annual basis, the Company accrues for the effects of open uncertain tax positions and the related potential penalties and interest. It is reasonably possible that the amount of the unrecognized tax benefit with respect to certain unrecognized tax positions will increase or decrease during the next 12 months; however, the Company does not expect the change to have a material effect on results of operations or financial position. A reconciliation of the beginning and ending amount of unrecognized tax benefits, including interest and penalties, is as follows (dollars in thousands):

	Years Ended
	January 31,
	2014			2013

Unrecognized tax benefits, beginning of year	$	2,157		$	2,484
Changes for tax positions for prior years		(295	)		(327	)
Changes for tax positions for current year		—			—

Unrecognized tax benefits, end of year	$	1,862		$	2,157

- 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.

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