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Note 3 - Income Taxes
12 Months Ended
Sep. 30, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
3.
INCOME TAXES
 
The benefit from income taxes consists of the following:
 
   
2018
   
2017
   
2016
 
Current:
                       
Federal
  $
(209,000
)   $
(2,570,000
)   $
(268,000
)
State
   
(90,000
)    
(6,000
)    
(30,000
)
     
(299,000
)    
(2,576,000
)    
(298,000
)
Deferred:
                       
Federal
   
(18,577,000
)    
(3,854,000
)    
(1,369,000
)
State
   
(664,000
)    
(720,000
)    
(268,000
)
     
(19,241,000
)    
(4,574,000
)    
(1,637,000
)
    $
(19,540,000
)   $
(7,150,000
)   $
(1,935,000
)
 
The difference between the statutory federal income tax rate and the Company’s effective rate is summarized below:
 
   
2018
   
2017
   
2016
 
                         
Statutory federal income tax rate
   
24.3
%    
34.0
%    
34.0
%
State franchise taxes (net of federal tax benefit)
   
5.7
     
6.2
     
5.2
 
Revalue of deferred taxes due to federal rate change
   
176.0
     
---
     
---
 
Effect of federal rate change on beginning net deferred tax liabilities
   
(34.0
)    
---
     
---
 
Business meals/gifts/other permanent differences
   
(0.4
)    
(0.8
)    
(2.3
)
Domestic production activity deduction and deferred revenue
   
(0.9
)    
---
     
---
 
Dividends received deduction
   
5.8
     
10.0
     
24.5
 
Reversal of uncertain and unrecognized tax position
   
---
     
37.6
     
---
 
Penalties for uncertain and unrecognized tax benefits
   
---
     
2.0
     
---
 
Prior year true-up
   
(1.8
)    
1.0
     
(2.0
)
Foreign tax credits
   
---
     
2.0
     
4.0
 
Effect of state rate change on beginning balance of deferred tax liabilities
   
(0.7
)    
(0.3
)    
1.4
 
Others
   
(1.7
)    
(3.0
)    
0.2
 
Effective tax rate
   
172.3
%    
88.7
%    
65.0
%
 
The Company’s deferred income tax assets and liabilities were comprised of the following:
 
   
2018
   
2017
 
Deferred tax assets attributable to:
               
Accrued liabilities, including supplemental compensation and vacation pay accrual
  $
(106,000
)   $
(69,000
)
Impairment losses on investments
   
2,215,000
     
1,376,000
 
Bad debt reserves not yet deductible
   
42,000
     
62,000
 
Depreciation and amortization
   
4,446,000
     
5,977,000
 
Deferred revenues
   
745,000
     
1,431,000
 
Net operating losses
   
4,643,000
     
3,100,000
 
Credits and other
   
455,000
     
1,303,000
 
Total deferred tax assets
   
12,440,000
     
13,180,000
 
                 
Deferred tax liabilities attributable to:
               
Unrealized gains on investments
   
(42,151,000
)    
(64,550,000
)
Goodwill
   
(290,000
)    
(311,000
)
Total deferred tax liabilities
   
(42,441,000
)    
(64,861,000
)
Net deferred income taxes
  $
(30,001,000
)   $
(51,681,000
)
     
The Tax Act reduced the maximum corporate income tax rate from
35%
to
21%,
effective
January 1, 2018. 
The Company has completed its review of the Tax Act.  The impact to its financial statements is as follows:  (i) current income tax expense or benefit is calculated using a blended rate of
24.28%
pursuant to IRC Section
15,
(ii) deferred tax expense includes a discrete net tax benefit of approximately
$16
million resulting from a revaluation of deferred tax assets and liabilities to the expected tax rate that will be applied when temporary differences are expected to reverse, (iii) items that were expected to reverse during fiscal
2018
were valued at the blended rate of
24.28%
while temporary differences that will reverse after fiscal
2018
were valued at the
21%
rate, and (iv) approximately
$20
million of the revaluation of deferred taxes relates to items that were initially recorded as accumulated other comprehensive income (“AOCI”).  This revaluation of approximately
$20
million was recorded as a component of income tax expense or benefit in continuing operations. 
 
During fiscal
2018,
the Company recorded an income tax benefit of
$19,540,000
on a pretax loss of
$11,339,000.
  The effective tax rate (before the discrete Tax Act item discussed above) was greater than the statutory rate primarily due to the dividends received deduction which increases the loss for tax purposes. 
 
On a pretax loss of
$8,068,000
for fiscal
2017,
the Company recorded an income tax benefit of
$7,150,000
which included a reversal of an accrued liability of approximately
$2,665,000
for uncertain and unrecognized tax benefits relating to an acquisition in fiscal
2013.
  The Internal Revenue Service (“IRS”) concluded its examination of the Company’s fiscal
2014
income tax return with
no
proposed changes to the tax position that gave rise to this liability.  As a result, this liability was reversed along with the related accrued interest and penalty expense of
$743,000.
  In addition, a deferred tax liability, in the amount of
$352,000,
relating to temporary differences that would only exist if the uncertain tax position was never recognized, was reversed. The effective tax rate (before the discrete IRS item) was greater than the statutory rate mainly resulting from the dividends received deduction. 
 
On a pretax loss of
$2,978,000
for fiscal
2016,
the Company recorded an income tax benefit of
$1,935,000.
  The effective tax rate was greater than the statutory rate mainly resulting from the dividends received deduction.  The Company’s effective tax rate was
172%,
89%
and
65%
for fiscal
2018,
2017
and
2016,
respectively.
 
The Company files consolidated federal income tax returns in the United States and with various state jurisdictions and is
no
longer subject to examinations for fiscal years before fiscal
2015
with regard to federal income taxes and fiscal
2013
for state income taxes. 
 
The Company has federal and state income tax net operating losses (“NOLs”). A portion of the fiscal
2017
federal and state NOLs were carried back to previous years. As of
September 30, 2018,
the Company had federal, California and other state NOL carryforwards of
$18.5
million,
$6.2
million and
4.3
million, respectively. These NOLs will expire at various dates from fiscal
2036
through
2038,
as follows:
 
Fiscal year ended
 
Federal NOL
   
California NOL
   
Other State NOL
 
   
(in millions)
 
September 30, 2036
  $
.8
    $
---
    $
---
 
September 30, 2037
   
6.5
     
.7
     
1.5
 
September 30, 2038
   
11.2
     
5.5
     
2.8
 
 
The Company believes it is more likely than
not
that the benefit of these NOLs will be realized in the future. Consequently, the Company has
not
provided a valuation allowance.