10. Income Taxes

Provisions for income taxes are as follows:


	2013			2012			2011
	(In Thousands)
Current:
Federal	$	(1,225	)	$	28,654		$	33,006
State		1,357			4,695			4,514

Total Current	$	132		$	33,349		$	37,520

Deferred:
Federal	$	32,197		$	559		$	7,543
State		3,092			(314	)		1,145

Total Deferred	$	35,289		$	245		$	8,688

Provisions for income taxes	$	35,421		$	33,594		$	46,208

The current provision for federal income taxes shown above includes regular federal income tax after the consideration of permanent and temporary differences between income for GAAP and tax purposes. In connection with the American Taxpayer Relief Act of 2012 that was signed into law in January 2013, we recorded a one-time benefit of approximately $0.5 million related to the retroactive tax relief for certain tax provisions that expired in 2012. Because the legislation was signed into law after December 31, 2012, the retroactive effects of the law reduced the current provision for 2013 and impacted the effective tax rate for 2013. The current provision for state income taxes includes regular state income tax and provisions for uncertain income tax positions

The deferred tax provision results from the recognition of changes in our prior year deferred tax assets and liabilities, and the utilization of state NOL carryforwards and other temporary differences. We reduce income tax expense for tax credits in the year they arise and are earned. At December 31, 2013, our gross amount of the investment tax credits available to offset state income taxes was minimal. These investment tax credits do not expire and carryforward indefinitely. The gross amount of federal tax credits was $905,000. These credits carryforward for 20 years.

We utilized approximately $0.1 million, $0.1 million and $0.2 million of state NOL carryforwards to reduce tax liabilities in 2013, 2012 and 2011, respectively. At December 31, 2013, we have remaining federal and state tax NOL carryforwards of $29.9 million and $43.6 million, respectively, which amounts exclude the NOL carryforwards that are related to unrecognized tax benefits and stock compensation that have not been recognized in accordance with GAAP. Additionally, we had approximately $22 million of alternative minimum tax (“AMT”) NOL carryforwards, net of unrecognized tax benefits, available as a deduction against future AMT income. The state NOL carryforwards begin expiring in 2014.

We considered both positive and negative evidence in our determination of the need for valuation allowances for the deferred tax assets associated with federal and state NOLs and federal credits. For 2013, 2012 and 2011, we determined it was more-likely-than-not that approximately $8.3 million, $6.8 million and $6.9 million, respectively, of the state NOL carryforwards would not be able to be utilized before expiration and a valuation allowance was maintained for the deferred tax assets associated with these state NOL carryforwards, net of federal benefit of approximately $0.3 million for each of the respective years.

When non-qualified stock options (“NSOs”) are exercised, the grantor of the options is permitted to deduct the spread between the fair market value of the stock issued and the exercise price of the NSOs as compensation expense in determining taxable income. Income tax benefits related to stock-based compensation deductions in excess of the compensation expense recorded for financial reporting purposes are not recognized in earnings as a reduction of income tax expense for financial reporting purposes. As a result, the stock-based compensation deduction recognized in our income tax return will exceed the stock-based compensation expense recognized in earnings. The excess tax benefit realized (i.e., the resulting reduction in the current tax liability) related to the excess stock-based compensation tax deduction of, $0.5 million and $1.3 million in 2012 and 2011, respectively, (none in 2013) which is included in the net change in capital in excess of par value rather than a decrease in the provision for income taxes.

In addition, if the grantor of NSOs will not currently reduce its tax liability from the excess tax benefit deduction taken at the time of the taxable event (option exercised) because it has a NOL carryforward that is increased by the excess tax benefit, then the tax benefit should not be recognized until the deduction actually reduces current taxes payable. The amounts included in the federal and state NOL carryforwards but not reflected in deferred tax assets at December 31, 2013 totaled $1.4 million and $1.0 million, respectively. At December 31, 2013, we had $0.5 million of unrecognized federal and state tax benefits resulting from the exercise of NSOs (none at December 31, 2012).

Deferred tax assets and liabilities include temporary differences and carryforwards as follows:


	December 31,
	2013			2012
	(In Thousands)
Deferred tax assets
Allowance for doubtful accounts	$	755		$	696
Asset impairment		782			764
Inventory		2,168			2,792
Deferred compensation		3,977			3,660
Other accrued liabilities		6,429			5,772
Hedging		467			700
Net operating loss carryforwards		12,046			310
Other		3,823			3,001

Total deferred tax assets		30,447			17,695
Less valuation allowance on deferred tax assets		(298	)		(273	)

Net deferred tax assets	$	30,149		$	17,422

Deferred tax liabilities
Property, plant and equipment	$	77,126		$	30,235
Prepaid and other insurance reserves		5,182			3,855
Investment in unconsolidated affiliate		239			433
Other		687			695

Total deferred tax liabilities	$	83,234		$	35,218

Net deferred tax liabilities	$	(53,085	)	$	(17,796	)

Consolidated balance sheet classification:
Net current deferred tax assets	$	13,613		$	3,224
Net noncurrent deferred tax liabilities		(66,698	)		(21,020	)

Net deferred tax liabilities	$	(53,085	)	$	(17,796	)

Net deferred tax liabilities by tax jurisdiction:
Federal	$	(48,503	)	$	(16,324	)
State		(4,582	)		(1,472	)

Net deferred tax liabilities	$	(53,085	)	$	(17,796	)

All of our income before taxes relates to domestic operations. Detailed below are the differences between the amount of the provision for income taxes and the amount which would result from the application of the federal statutory rate to “Income from continuing operations before provision for income taxes”.


	2013			2012			2011
	(In Thousands)
Provisions for income taxes at federal statutory rate	$	31,697		$	32,391		$	45,567
State current and deferred income taxes		3,916			3,533			5,088
Domestic production activities deduction		—			(1,933	)		(3,091	)
Effect of tax return to tax provision reconciliation		(318	)		(216	)		(958	)
Other		126			(181	)		(398	)

Provisions for income taxes	$	35,421		$	33,594		$	46,208

A reconciliation of the beginning and ending amount of uncertain tax positions is as follows:


	2013			2012			2011
	(In Thousands)
Balance at beginning of year	$	2,292		$	709		$	700
Additions based on tax positions related to the current year		97			131			217
Additions based on tax positions of prior years		255			1,937			—
Reductions for tax positions of prior years		(123	)		(485	)		(51	)
Settlements		(112	)		—			(157	)

Balance at end of year	$	2,409		$	2,292		$	709

We expect that the amount of unrecognized tax benefits may change as the result of ongoing operations, the outcomes of audits, and the expiration of statute of limitations. This change is not expected to have a significant impact on our results of operations or the financial condition. The total amount of unrecognized tax benefits that would impact the effective tax rate, if recognized, was $204,000, $236,000, and $461,000, net of federal expense, in 2013, 2012, and 2011, respectively.

We record interest related to unrecognized tax positions in interest expense and penalties in operating other expense. During 2013, 2012, and 2011, we recognized $121,000, $430,000, and $42,000, respectively, in interest and penalties associated with unrecognized tax benefits. We had approximately $585,000, and $464,000 accrued for interest and penalties at December 31, 2013 and 2012, respectively.

LSB and certain of its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state jurisdictions. With few exceptions, the 2010-2012 years remain open for all purposes of examination by the U.S. Internal Revenue Service (“IRS”) and other major tax jurisdictions. We are under examination by the IRS for the tax years 2008-2010. As of December 31, 2013, the IRS has proposed certain adjustments, which we are protesting. We anticipate that the adjustments, if any, will not result in a material change to our financial position.