9. Income Taxes

During the three months ended September 30, 2015 and 2014, the Company recorded approximately $17.6 million and $15.8 million of income taxes, respectively. Our effective tax rate for the quarter ending September 30, 2015 is 36.7% compared to a 42.6% effective tax rate for the same period in the prior year.

During the nine months ended September 30, 2015 and 2014, the Company recorded approximately $49.8 million and $38.7 million of income taxes, respectively. Our effective tax rate for the nine months ended September 30, 2015 is 39.2% compared to a 42.6% effective tax rate for the same period in the prior year.

In arriving at these rates, the Company considers a variety of factors including the forecasted full year pre-tax results, the U.S. federal tax rate of 35%, expected non-deductible expenses, and estimated state income taxes. The Company’s final effective tax rate for the full year will be dependent on the level of pre-tax income, the apportionment of taxable income between state tax jurisdictions and the extent of non-deductible expenses in relation to pre-tax income.

The reduction in the Company’s effective tax rates for the three and nine month ended September 30, 2015 compared to the same periods in 2014 was primarily the result of:

a reduction in the amount of non-deductible executive compensation

a discrete item recorded during the three months ended September 30, 2015 based on the completion of the Company’s state income tax returns and

an adjustment to reduce the current state income tax rate to align it with the actual rate in the Company’s filed income returns.

The discrete adjustment was for $1.2 million and resulted from a difference between the apportionment factors between states in the final state income tax returns and the factors used to estimate the 2014 tax provision.

Tax years that remain open for purposes of examination of the Company’s income tax liability due to taxing authorities, include the years ended December 31, 2014, 2013 and 2012. During the three months ended September 30, 2015, the Company received notice from the IRS Joint Committee on Taxation that is has completed its consideration of the audit relating to the loss carryback of realized losses from securities sold during 2012 and applied to 2009. The IRS Joint Committee on Taxation has taken no exception to the conclusion reached by the Internal Revenue Service, the result of which yielded no material change.