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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure
INCOME TAXES
The provision (benefit) for income taxes from continuing operations for the years ended December 31, 2011, 2012 and 2013 consisted of (in thousands): 
 
Year Ended December 31,
 
2011
 
2012
 
2013
Current:
 
 
 
 
 
U. S. federal provision (benefit)
$
6,801

 
$
3,422

 
$
(674
)
State provision (benefit)
926

 
(41
)
 
(524
)
Total current provision (benefit)
7,727

 
3,381

 
(1,198
)
Deferred:
 
 
 
 
 
U. S. federal provision (benefit)
(3,093
)
 
3,980

 
8,738

State provision (benefit)
(43
)
 
(401
)
 
1,737

Total deferred provision (benefit)
(3,137
)
 
3,579

 
10,475

Total income tax provision
$
4,590

 
$
6,960

 
$
9,277


A reconciliation of taxes from continuing operations calculated at the U.S. federal statutory rate to those reflected in the Consolidated Statements of Operations for the years ended December 31, 2011, 2012 and 2013 is as follows (in thousands): 
 
Year Ended December 31,
 
 
2011
 
2012
 
2013
 
 
Amount
 
Percent
 
Amount
 
Percent
 
Amount
 
Percent
 
Federal statutory rate
$
3,672

 
34.0

%
$
5,960

 
34.0

%
$
8,317

 
34.0

%
Effect of state income taxes, net of federal benefit
637

 
5.9

 
631

 
3.6

 
1,468

 
6.0

 
Effect of non-deductible expenses and other, net
464

 
4.3

 
1,297

 
7.4

 
(630
)
 
(2.6
)
 
Change in valuation allowance
(183
)
 
(1.7
)
 
(928
)
 
(5.3
)
 
122

 
0.5

 
Total
$
4,590

 
42.5

%
$
6,960

 
39.7

%
$
9,277

 
37.9

%


During 2012, the Internal Revenue Service approved four tax accounting method changes which allowed additional tax deductions totaling $57.2 million in our 2012 tax year. These deductions related to temporary differences previously recorded as deferred tax assets. The non-current deferred tax liability of approximately $11.9 million recorded as of December 31, 2013 is primarily a result of us obtaining the benefit of such tax accounting changes in 2013, while also utilizing net operating loss carryforwards arising from those changes against income from the current year requests.
The tax effects of temporary differences from total operations that give rise to significant deferred tax assets and liabilities at December 31, 2012 and 2013 were as follows (in thousands):
 
Year Ended December 31,
 
2012
 
2013
Deferred income tax assets:
 
 
 
Net operating loss carryforwards
$
3,787

 
$
6,404

Tax credit carryforwards
83

 
788

State bonus depreciation
155

 
1,254

Accrued liabilities and other
1,252

 
6,892

Amortization of non-compete agreements
471

 
674

Preneed liabilities, net
32,452

 
11,654

Total deferred income tax assets
38,200

 
27,666

Less valuation allowance
(317
)
 
(468
)
Total deferred income tax assets
$
37,883

 
$
27,198

Deferred income tax liabilities:
 
 
 
Amortization and depreciation
$
(34,125
)
 
$
(34,887
)
Prepaids and other
(318
)
 
(1,447
)
Total deferred income tax liabilities
(34,443
)
 
(36,334
)
Total net deferred tax assets (liabilities)
$
3,440

 
$
(9,136
)
Current deferred tax asset
$
1,220

 
$
2,779

Non-current deferred tax asset (liabilities)
2,220

 
(11,915
)
Total net deferred tax assets (liabilities)
$
3,440

 
$
(9,136
)

The current deferred tax asset is included in Other current assets at December 31, 2012 and 2013. The non-current deferred tax asset is included in Deferred charges and other non-current assets at December 31, 2012 and 2013. The non-current deferred tax liability is disclosed on a separate line item on our Consolidated Balance Sheet.
We record a valuation allowance to reflect the estimated amount of deferred tax assets for which realization is uncertain. Management reviews the valuation allowance at the end of each quarter and makes adjustments if it is determined that it is more likely than not that the tax benefits will be realized. We recognized a net increase of $151,000 in our valuation allowance during 2013.
For federal income tax reporting purposes, we have approximately $10.6 million of net operating loss carryforward that will expire between 2014 and 2032. For state reporting purposes, we have approximately $68.8 million of net operating loss carryforwards that will expire between 2014 and 2032, if not utilized. Based on management’s assessment of the various state net operating losses, it was determined that it is more likely than not that the we will be able to realize tax benefits on some portion of the amount of the state losses. The valuation allowance at December 31, 2013 was attributable to the deferred tax asset related to a portion of the state operating losses.
We analyze tax benefits for uncertain tax positions and how they are to be recognized, measured, and derecognized in financial statements; provide certain disclosures of uncertain tax matters; and specify how reserves for uncertain tax positions should be classified on the Consolidated Balance Sheets. We have reviewed our income tax positions and identified certain tax deductions, primarily related to business acquisitions that are not certain. Our policy with respect to potential penalties and interest is to record them as “Other” expense and “Interest” expense, respectively. The entire balance of unrecognized tax benefits, if recognized, would affect our effective tax rate. We do not anticipate a significant increase or decrease in our unrecognized tax benefits during the next year.
We have unrecognized tax benefits for federal and state income tax purposes totaling $7.8 million as of December 31, 2013, resulting from deductions totaling $23.0 million on federal returns and $21.7 million on various state returns. We have state net operating loss carryforwards exceeding these deductions, and have accounted for these unrecognized tax benefits by reducing the deferred income tax asset related to the net operating loss carryforwards by the amount of these unrecognized deductions. For federal and certain states without net operating loss carryforwards, we have increased our taxes payable by deductions that are not considered more likely than not.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
 
Year Ended December 31,
 
2011
 
2012
 
2013
Unrecognized tax benefit at beginning of year
$
7,396

 
$
7,617

 
$
7,747

Reductions based on tax positions related to the prior year

 
(259
)
 
(93
)
Additions based on tax positions related to the current year
253

 
389

 
209

Reductions as a result of a lapse of the applicable statute of limitations
(32
)
 

 
(31
)
Unrecognized tax benefit at end of year
$
7,617

 
$
7,747

 
$
7,832


The entire balance of unrecognized tax benefits, if recognized, would affect our effective tax rate. The effects of recognizing the tax benefits of uncertain tax positions for the year ended December 31, 2013 were not material to our operations. The amount of penalty and interest recognized in the Consolidated Balance Sheets and the Consolidated Statements of Operations was $0.5 million for the year ended December 31, 2013.
Our federal income tax returns for 2007 through 2012 are open tax years that may be examined by the Internal Revenue Service. Our unrecognized state tax benefits are related to state returns open from 2002 through 2012.