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(9) Income Taxes | 12 Months Ended
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Dec. 31, 2020
Income Tax Disclosure [Abstract] |
(9) Income Taxes | (9) Income Taxes Income taxes consist of the following:
Schedule of income tax expense |  |  |  |  |  |  |  |  |  |  |  |
|  | Year Ended December 31, |
|  | 2020 |  |  | 2019 |  |  | 2018 |
|  | (In thousands) |
Current federal tax expense |  | $ | (23,576 | ) |  | $ | (574 | ) |  | $ | (7,526 | )
Current state tax expense |  |  | 472 |  |  |  | 105 |  |  |  | (2,064 | )
Deferred federal tax expense |  |  | 18,937 |  |  |  | 2,759 |  |  |  | 9,074 |
Deferred state tax expense |  |  | 2,610 |  |  |  | 1,466 |  |  |  | 4,357 |
Income tax expense |  | $ | (1,557 | ) |  | $ | 3,756 |  |  | $ | 3,841 |
Income tax expense for the years ended December 31, 2020, 2019 and 2018 differs from the amount determined by applying the statutory federal rate to income before income taxes as follows:
Schedule of reconciliation of income taxes |  |  |  |  |  |  |  |  |  |  |  |
|  | Year Ended December 31, |
|  | 2020 |  |  | 2019 |  |  | 2018 |
|  | (In thousands) |
Expense at federal tax rate |  | $ | 4,225 |  |  | $ | 1,924 |  |  | $ | 3,928 |
State taxes, net of federal income tax effect |  |  | 1,505 |  |  |  | 1,027 |  |  |  | 1,718 |
Stock-based compensation |  |  | 35 |  |  |  | 169 |  |  |  | 238 |
Non-deductible expenses |  |  | 974 |  |  |  | 856 |  |  |  | 824 |
Net operating loss carryback |  |  | (9,435 | ) |  |  | – |  |  |  | – |
Effect of change in tax rate |  |  | – |  |  |  | – |  |  |  | – |
Accounting method change |  |  | – |  |  |  | – |  |  |  | (2,100 | )
Other |  |  | 1,139 |  |  |  | (220 | ) |  |  | (767 | )
income tax expense |  | $ | (1,557 | ) |  | $ | 3,756 |  |  | $ | 3,841 |
On March 27, 2020, the Coronavirus Aid, Relief and Economic Security (“CARES”) Act was adopted, providing wide ranging economic relief for individuals and businesses. One component of the CARES Act provides the Company with an opportunity to carry back net operating losses (“NOLs”) arising from 2018, 2019 and 2020 to the prior five tax years. The Company has such NOLs reflected on its balance sheet as a portion of deferred tax assets. The Company has previously valued its NOLs at the federal corporate income tax rate of 21%. However, the provisions of the CARES Act provide for NOL carryback claims to be calculated based on a rate of 35%, which was the federal corporate tax rate in effect for the carryback years. Consequently, the Company has revalued the benefit from its NOLs to reflect a 35% tax rate. The result of the revaluation of NOLs and other tax adjustments is a net tax benefit of $8.8 million, which is reflected in income taxes for the year ended December 31, 2020. For the year ended December 31, 2018, we recorded income tax expense of $3.8 million 3,841 which include a $2.1 million net tax benefit related to certain tax planning strategies and other adjustments. Without the benefit, income tax expense for 2018 would have been $5.9 million. The tax effected cumulative temporary differences that give rise to deferred tax assets and liabilities as of December 31, 2020 and 2019 are as follows:
Schedule of deferred tax assets and liabilities |  |  |  |  |  |  |  |
|  | December 31, |
|  | 2020 |  |  | 2019 |
|  | (In thousands) |
Deferred Tax Assets: |  |  |  |  |  |  |  |
Finance receivables |  | $ | 10,930 |  |  | $ | – |
Accrued liabilities |  |  | 541 |  |  |  | 307 |
NOL carryforwards |  |  | 7,470 |  |  |  | 17,240 |
Built in losses |  |  | 3,312 |  |  |  | 4,008 |
Pension accrual |  |  | 1,745 |  |  |  | 1,927 |
Stock compensation |  |  | 4,463 |  |  |  | 4,385 |
Lease liability |  |  | 3,843 |  |  |  | 5,232 |
Other |  |  | 46 |  |  |  | 164 |
Total deferred tax assets |  |  | 32,350 |  |  |  | 33,263 |
Deferred Tax Liabilities: |  |  |  |  |  |  |  |
Finance receivables |  | $ | – |  |  | $ | (12,180 | )
Deferred loan costs |  |  | (205 | ) |  |  | (542 | )
Lease right-of-use assets |  |  | (3,517 | ) |  |  | (4,855 | )
Furniture and equipment |  |  | (116 | ) |  |  | (206 | )
Total deferred tax liabilities |  |  | (3,838 | ) |  |  | (17,783 | )
Net deferred tax asset |  | $ | 28,512 |  |  | $ | 15,480 |
We acquired certain net operating losses and built-in loss assets as part of our acquisitions of MFN Financial Corp. (“MFN”) in 2002 and TFC Enterprises, Inc. (“TFC”) in 2003. Moreover, both MFN and TFC have undergone an ownership change for purposes of Internal Revenue Code (“IRC”) Section 382. In general, IRC Section 382 imposes an annual limitation on the ability of a loss corporation (that is, a corporation with a net operating loss (“NOL”) carryforward, credit carryforward, or certain built-in losses (“BILs”)) to utilize its pre-change NOL carryforwards or BILs to offset taxable income arising after an ownership change. In determining the possible future realization of deferred tax assets, we have considered future taxable income from the following sources: (a) reversal of taxable temporary differences; and (b) tax planning strategies that, if necessary, would be implemented to accelerate taxable income into years in which net operating losses might otherwise expire. Deferred tax assets are recognized subject to management’s judgment that realization is more likely than not. A valuation allowance is recognized for a deferred tax asset if, based on the weight of the available evidence, it is more likely than not that some portion of the deferred tax asset will not be realized. In making such judgements, significant weight is given to evidence that can be objectively verified. Although realization is not assured, we believe that the realization of the recognized net deferred tax asset of $28.5 million 28,512 as of December 31, 2020 is more likely than not based on forecasted future net earnings. Our net deferred tax asset of $28.5 million consists of approximately $17.0 million of net U.S. federal deferred tax assets and $11.5 million of net state deferred tax assets. As of December 31, 2020, we had net operating loss carryforwards for state income tax purposes of $86.8 million. These state net operating losses begin to expire in 2024. We recognize a tax position as a benefit only if it is “more likely than not” that the tax position would be sustained in a tax examination, with a tax examination being presumed to occur. The amount recognized is the largest amount of tax benefit that is greater than 50% likely of being realized on examination. For tax positions not meeting the “more likely than not” test, no tax benefit is recorded. We recognize potential interest and penalties related to unrecognized tax benefits as income tax expense. At December 31, 2020, we had no unrecognized tax benefits for uncertain tax positions. We are subject to taxation in the US and various state jurisdictions. With few exceptions, we are no longer subject to U.S. federal, state, or local examinations by tax authorities for years before 2017.

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 21 -URI http://asc.fasb.org/extlink&oid=84230637&loc=d3e32857-109319 Reference 2: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section S99 -Paragraph 2 -Subparagraph (SAB Topic 11.C) -URI http://asc.fasb.org/extlink&oid=116825942&loc=d3e330215-122817 Reference 3: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 17 -Subparagraph (b) -URI http://asc.fasb.org/extlink&oid=84230637&loc=d3e32809-109319 Reference 4: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section S99 -Paragraph 1 -Subparagraph (SAB TOPIC 6.I.5.Q1) -URI http://asc.fasb.org/extlink&oid=116825942&loc=d3e330036-122817 Reference 5: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 14 -URI http://asc.fasb.org/extlink&oid=84230637&loc=d3e32705-109319 Reference 6: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 270 -Section 50 -Paragraph 1 -URI http://asc.fasb.org/extlink&oid=6424409&loc=d3e44925-109338 Reference 7: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -URI http://asc.fasb.org/topic&trid=2144680 Reference 8: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 30 -Section 50 -Paragraph 2 -Subparagraph (a) -URI http://asc.fasb.org/extlink&oid=6424122&loc=d3e41874-109331 + Details
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