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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES  
INCOME TAXES

NOTE H - INCOME TAXES

 

The income tax provision charged to continuing operations for the years ended December 31, 2012, 2011, and 2010, was as follows:

 

 

 

2012

 

2011

 

2010

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

U.S. federal

 

$

3,947,400

 

$

35,561

 

$

(190,869

)

Foreign

 

5,313,874

 

3,343,374

 

250,190

 

State and local

 

264,269

 

698,362

 

374,029

 

 

 

9,525,543

 

4,077,297

 

433,350

 

 

 

 

 

 

 

 

 

Deferred expense

 

359,535

 

2,469,953

 

146,550

 

 

 

$

9,885,078

 

$

6,547,250

 

$

579,900

 

 

The components of the Company’s income before income tax expense attributable to domestic and foreign operations amounted to $6,018,971 and $19,537,986, respectively, for the year ended December 31, 2012.  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 income tax provision differs from the amount of income tax determined by applying the U.S. federal income tax rate (35% for 2012, 34% for 2011 and 2010) to pretax income (loss) from continuing operations for the years ended December 31, 2012, 2011, and 2010, due to the following:

 

 

 

2012

 

2011

 

2010

 

Computed “expected” tax expense

 

$

8,944,935

 

$

5,909,358

 

$

(218,546

)

Increase (decrease) in income taxes resulting from:

 

 

 

 

 

 

 

Change in effective rates used for deferred taxes

 

 

(503,693

)

 

Nondeductible expenses and other

 

768,652

 

534,742

 

548,943

 

State and local taxes, net of federal benefit

 

171,491

 

606,843

 

249,503

 

 

 

$

9,885,078

 

$

6,547,250

 

$

579,900

 

 

Net deferred tax liabilities consist of the following components as of December 31, 2012 and 2011:

 

 

 

2012

 

2011

 

Deferred tax assets

 

 

 

 

 

Foreign tax credits

 

$

473,405

 

$

2,034,130

 

Net operating loss carry forwards

 

462,548

 

776,647

 

Other

 

92,983

 

 

Total deferred tax assets

 

1,028,936

 

2,810,777

 

Deferred tax liability

 

 

 

 

 

Property, equipment, and intangible asset

 

(8,646,047

)

(10,068,353

)

Total deferred tax liabilities

 

$

(7,617,111

)

$

(7,257,576

)

 

The components giving rise to the net deferred tax items described above have been included in the accompanying balance sheets as of December 31, 2012 and 2011, as follows:

 

 

 

2012

 

2011

 

 

 

 

 

 

 

Current assets

 

$

 

$

 

Noncurrent (liabilities)

 

(7,617,111

)

(7,257,576

)

 

 

$

(7,617,111

)

$

(7,257,576

)

 

As of December 31, 2012, the Company has U.S. net operating loss carry forwards for U.S. federal income tax purposes of approximately $1.4 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 $473,405 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 2009 through 2011 are subject to audit by the IRS.  The Company’s income tax returns filed in Canada for 2009 through 2011 remain subject to examination by Canadian authorities.  As of December 31, 2012 and 2011, the Company had no unrecognized tax benefits within its provision for income taxes.