K. INCOME TAXES

The provision for income taxes is composed of the following:

	(in thousands)
	Years ended December 31,
	2012			2011			2010
Current income tax expense (benefit)
Federal	$	--		$	--		$	(104	)
State		--			--			--
	$	--		$	--		$	(104	)
Deferred income tax expense (benefit)
Federal	$	(1,093	)	$	(3,316	)	$	(1,543	)
State		(64	)		(195	)		(91	)
	$	(1,157	)	$	(3,511	)	$	(1,634	)

The effective income tax rate differs from the U.S. Federal Statutory income tax rate due to the following:

	(in thousands)
	Years ended December 31,
	2012			2011			2010

Federal statutory income tax rate	$	(4,164	)	$	(2,828	)	$	(853	)
State income taxes, net of federal benefit		(245	)		(166	)		(50	)
Incentive stock options		12			246			258
Percent depletion carryover		(177	)		(807	)		(1,067	)
Valuation allowance		3,512			--			--
Other		(95	)		44			(26	)
	$	(1,157	)	$	(3,511	)	$	(1,738	)

The components of deferred tax assets and liabilities as of December 31, 2012 and 2011 are as follows:

	(in thousands)
	December 31,			December 31,
	2012			2011
Deferred tax assets:
Net operating loss	$	2,899		$	2,547
Derivative instruments		(170	)		215
Asset retirement obligation		247			184
Stock based compensation		313			288
Deferred compensation		382			357
Alternative minimum tax credit		706			706
Contribution carryover		37			28
Equity investments		(91	)		37
Percentage depletion carryover		2,100			1,924
	$	6,423		$	6,286

Deferred tax liabilities:
Property and equipment		(2,854	)		(7,385	)
Marketable securities		(57	)		(44	)
	$	(2,911	)	$	(7,429	)

Net deferred tax assets (liabilities)		3,512			(1,143	)
Less: Valuation Allowance		(3,512	)		--
Deferred tax liability	$	--		$	(1,143	)

During the year ended December 31, 2012, deferred tax assets increased $137,000 and deferred tax liabilities decreased by $4.5 million. The change in net deferred tax liabilities was a decrease of $4.7 million compared to the previous year. This resulted in a net deferred asset of $3.5 million, which is fully offset by a valuation allowance. The change from a net deferred liability of $1.2 million at December 31, 2011 to net zero deferred assets at December 31, 2012 resulted in a deferred tax benefit of $1.2 million.

USE has net operating loss carryovers as of December 31, 2012 of $9.5 million for federal income tax purposes and $6.9 million for financial reporting purposes. The difference of $2.6 million relates to tax deductions for compensation expense for financial reporting purposes for which the benefit will not be recognized until the related deductions reduce taxes payable. The net operating loss carryovers may be carried back two years and forward twenty years from the year the net operating loss was generated. The net operating losses may be used to offset taxable income through 2031. In addition, USE has alternative minimum tax credit carry-forwards of $706,000 which are available to offset future federal income taxes over an indefinite period.

The statute of limitations is closed for the tax years through 2008.

USE adopted the applicable provisions of ASC 740 to recognize, measure, and disclose uncertain tax positions in the financial statements. Under ASC 740, tax positions must meet a "more-likely-than-not" recognition threshold to be recognized. During the year ended December 31, 2011, no adjustments were recognized for uncertain tax positions. USE recognizes interest and penalties related to uncertain tax positions in income tax expense (benefit). No interest or penalties related to uncertain tax positions have been accrued.