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INCOME TAXES
12 Months Ended
Dec. 31, 2011
INCOME TAXES  
INCOME TAXES

NOTE I - INCOME TAXES

 

The income tax provision charged to continuing operations for the years ended December 31, 2011, 2010, and 2009, was as follows:

 

 

 

2011

 

2010

 

2009

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

U.S. federal

 

$

35,561

 

$

(190,869

)

$

774,429

 

Foreign

 

3,343,374

 

250,190

 

142,358

 

State and local

 

698,362

 

374,029

 

373,151

 

 

 

4,077,297

 

433,350

 

1,289,938

 

 

 

 

 

 

 

 

 

Deferred expense (benefit)

 

2,469,953

 

146,550

 

717,873

 

 

 

$

6,547,250

 

$

579,900

 

$

2,007,811

 

 

The components of the Company’s income before income tax expense attributable to domestic and foreign operations amounted to $6,085,192 and $11,295,273, respectively, for the year ended December 31, 2011.  The components of the Company’s loss before income tax expense attributable to domestic and foreign operations amounted to $(3,002,790) and $2,360,008, respectively, for the year ended December 31, 2010.  The components of the Company’s income before income tax expense attributable to domestic and foreign operations amounted to $3,344,531 and $542,899, respectively, for the year ended December, 2009.  The income tax provision differs from the amount of income tax determined by applying the U.S. federal income tax rate to pretax income (loss) from continuing operations for the years ended December 31, 2011, 2010, and 2009, due to the following:

 

 

 

2011

 

2010

 

2009

 

Computed “expected” tax expense

 

$

5,909,358

 

$

(218,546

)

$

1,321,726

 

Increase (decrease) in income taxes resulting from:

 

 

 

 

 

 

 

Change in effective rates used for deferred taxes

 

(503,693

)

 

 

Nondeductible expenses and other

 

534,742

 

548,943

 

407,168

 

State and local taxes, net of federal benefit

 

606,843

 

249,503

 

278,917

 

 

 

$

6,547,250

 

$

579,900

 

$

2,007,811

 

 

Net deferred tax liabilities consist of the following components as of December 31, 2011 and 2010:

 

 

 

2011

 

2010

 

Deferred tax assets

 

 

 

 

 

Foreign tax credits

 

$

2,034,130

 

$

250,190

 

Net operating loss carry forwards

 

776,647

 

933,537

 

Other

 

 

4,369

 

Total deferred tax assets

 

2,810,777

 

1,188,096

 

Deferred tax liability

 

 

 

 

 

Property, equipment, and intangible asset

 

(10,068,353

)

(5,975,719

)

Total deferred tax liabilities

 

$

(7,257,576

)

$

(4,787,623

)

 

The components giving rise to the net deferred tax items described above have been included in the accompanying balance sheets as of December 31, 2011 and 2010, as follows:

 

 

 

2011

 

2010

 

 

 

 

 

 

 

Current assets

 

$

 

$

 

Noncurrent (liabilities)

 

(7,257,576

)

(4,787,623

)

 

 

$

(7,257,576

)

$

(4,787,623

)

 

As of December 31, 2011, the Company has U.S. net operating loss carry forwards for U.S. federal income tax purposes of approximately $2.3 million.  These net operating losses are available to offset future federal taxable income, if any, and expire from 2027 through 2030.  The amount of net operating loss carry forwards that may reduce federal income taxes in any given year are subject to annual limitations and taxable income requirements.  The foreign tax credit of $2,034,130 expires in 2020.

 

The Company files a U.S. consolidated federal income tax return for operating activities in the U.S. and Canada.  The Company also files federal and local tax returns in Canada, as well as state tax returns in a number of state and local jurisdictions in the U.S.  The Company’s U.S. federal income tax returns filed for 2008 through 2010 are subject to audit by the IRS.  The Company’s income tax returns filed in Canada for 2008 through 2010 remain subject to examination by Canadian authorities.  As of December 31, 2011 and 2010, the Company had no unrecognized tax benefits within its provision for income taxes.