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INCOME AND FRANCHISE TAXES
12 Months Ended
Dec. 31, 2011
INCOME AND FRANCHISE TAXES [Abstract]  
INCOME AND FRANCHISE TAXES
 
20.
INCOME AND FRANCHISE TAXES

Components of income tax benefit for the years ended December 31, 2011, 2010 and 2009 were as follows:
 
 
Current
  
Deferred
  
Total
 
 
(Dollars in thousands)
 
2011:
        
   Federal
$-  $-  $- 
   State
 -   -   - 
   Total
$-  $-  $- 
             
2010:
           
   Federal
$-  $-  $- 
   State
 -   -   - 
   Total
$-  $-  $- 
             
2009:
           
   Federal
$(38,309) $12,915  $(25,394)
   State
 (3,586)  8,985   5,399 
   Total
$(41,895) $21,900  $(19,995)
 
Income tax benefit for the periods presented differed from the “expected” tax benefit (computed by applying the U.S. Federal corporate tax rate of 35% to income (loss) before income taxes) for the following reasons:
 
 
Year Ended December 31,
 
 
2011
  
2010
  
2009
 
 
(Dollars in thousands)
 
          
Computed "expected" tax expense (benefit)
$12,802  $(87,834) $(116,810)
Increase (decrease) in taxes resulting from:
           
   Goodwill impairment (not deductible for tax purposes)
 -   35,941   17,500 
   Tax-exempt interest
 (273)  (420)  (1,539)
   Other tax-exempt income
 (1,441)  (1,669)  (1,827)
   Low-income housing and energy tax credits
 (1,678)  (8,023)  (1,272)
   State income taxes, net of Federal income tax effect,
           
      excluding impact of deferred tax valuation allowance
 546   (8,724)  (17,907)
   Change in the beginning-of-the-year balance of the
           
      valuation allowance for deferred tax assets
           
      allocated to income tax expense
 (9,870)  70,506   101,836 
   Other
 (86)  223   24 
Total
$-  $-  $(19,995)
 
At December 31, 2011, current Federal income taxes receivable was $46 thousand. At December 31, 2010, current Federal income taxes payable was $0.3 million. Current state income taxes receivable was $2.3 million and $2.2 million at December 31, 2011 and 2010, respectively.
 
The tax effects of temporary differences that gave rise to significant portions of the deferred tax assets and deferred tax liabilities were as follows:
 
 
December 31,
 
2011
  
2010
 
(Dollars in thousands)
Deferred tax assets
    
   Allowance for loan and lease losses
$42,589  $67,406
   Accrued expenses
 5,417   5,151
   Employee retirement benefits
 8,439   8,015
   Federal and state tax credit carryforwards
 34,616   31,851
   Investment write-downs and write-offs
 3,021   3,429
   Interest on nonaccrual loans
 5,703   7,471
   Federal and state net operating loss carryforwards
 98,409   96,777
   Other
 25,213   15,441
   Total deferred tax assets
$223,407  $235,541
        
Deferred tax liabilities
      
   Intangible assets
$16,308  $17,232
   FHLB stock dividends received
 12,345   12,345
   Net unrealized gain on derivatives recognized through AOCI
 1,959   3,249
   Leases
 4,494   5,528
   Deferred gain on curtailed retirement plan
 3,339   3,339
   Liability on utilization of state tax credits
 7,851   6,860
   Other
 14,851   8,156
   Total deferred tax liabilities
$61,147  $56,709
        
Deferred tax valuation allowance
$162,260  $178,832
        
   Net deferred tax assets
$-  $-
 
The valuation allowance for deferred tax assets as of December 31, 2011 and 2010 was $162.3 million and $178.8 million, respectively. The net change in the total valuation allowance was a decrease of $16.6 million and increase of $74.2 million in 2011 and 2010, respectively. Of the total decrease in the valuation allowance in 2011, $9.9 million was recognized as income tax benefit while the remaining $6.7 million was a benefit for AOCI, compared to $70.5 million recognized as income tax expense and $3.7 million charged against AOCI in 2010.

In assessing the realizability of deferred tax assets, management considers 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 the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the 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. Based upon the Company's cumulative three year loss position 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 Company will be unable to realize the benefits of these deductible differences. The amount of the deferred tax asset considered realizable, however, could change in the near term if estimates of future taxable income during the carryforward period change.

At December 31, 2011, the Company had net operating loss carryforwards for Federal income tax purposes of $225.6 million, which are available to offset future Federal taxable income, if any, through 2031. At December 31, 2011, the Company had net operating loss carryforwards for Hawaii and California state income tax purposes of $239.0 million and $41.4 million, respectively, which are available to offset future state taxable income through 2030 for Hawaii and 2031 for California. In addition, we have state tax credit carryforwards of $23.6 million that do not expire, and federal tax credit carryforwards of $11.0 million, of which $9.3 million expire in 20 years, and $1.7 million do not expire.

As further described in Note 15, to help protect the Company's tax benefits, the Company implemented the Tax Benefits Preservation Plan on November 23, 2011 and the Protective Charter Amendment on January 26, 2011.
 
At December 31, 2011, we have no unrecognized tax benefits that, if recognized would favorably affect the effective income tax rate in future periods. We do not expect our unrecognized tax benefits to change significantly over the next 12 months.
 
We are subject to U.S. Federal income tax as well as income tax of multiple state jurisdictions. We have concluded all U.S. Federal and Hawaii income tax matters for years through 2005.