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INCOME TAXES (Block) | 12 Months Ended
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Dec. 31, 2012
Income Tax Disclosure Abstract |
Income Tax Disclosure Text Block | 13. INCOME TAXES Effective Tax Rate - Overview The Company's effective income tax rate may be impacted by: (1) changes in the level of income in any of the Company's taxing jurisdictions; (2) changes in the statutes and rules applicable to taxable income in the jurisdictions in which the Company operates; (3) changes in the expected outcome of income tax audits; (4) changes in the estimate of expenses that are not deductible for tax purposes; (5) income taxes in certain states where the states' current taxable income is dependent on factors other than the Company's consolidated net income; and (6) adding facilities in states that on average have different income tax rates from states in which the Company currently operate s and the resulting effect on previously reported temporary differences between the tax and financial reporting bases of the Company's assets and liabilities. The Company's annual effective tax rate may also be materially impacted by tax expense associated with non-amortizable assets such as broadcasting licenses and goodwill and changes in the deferred tax valuation allowance. An impairment loss will result in an income tax benefit during the period incurred as the amortization of broadcasting licenses and goodwill is deductible for income tax purposes. Expected And Reported Income Taxes (Benefit) Income tax expense (benefit) computed using the United States federal statutory rates is reconciled to the reported income tax expense (benefit) as follows:
|  |  | Years Ended December 31,
|  |  |  | 2012 |  | 2011 |  | 2010
|  |  |  | (amounts in thousands)
Federal statutory income tax rate |  |  | 35% |  |  | 35% |  |  | 35%
Computed tax expense (benefit) at federal statutory |  |  |  |  |  |  |  |  |
| rates on income (loss) before income taxes (benefit) |  | $ | 8,310 |  | $ | 18,223 |  | $ | 23,461
State income tax expense (benefit), net of federal benefit |  |  | 2,274 |  |  | (865) |  |  | 2,572
Federal tax expense associated with non-amortizable assets |  |  | - |  |  | - |  |  | 19,246
Non-recognition of expense due to full valuation allowance |  |  | 203 |  |  | - |  |  | (22,842)
Valuation allowance current year activity | - |  |  | (37,505) |  |  | -
Reversal of net tax on derivative liability | - |  |  | 2,547 |  |  | -
Decrease in valuation allowance for change in federal net |  |  |  |  |  |  |
| operating loss carryback rules |  |  | - |  |  | - |  |  | (149)
Change in uncertain tax positions |  |  | - |  |  | - |  |  | (2,458)
Tax benefit shortfall associated with share-based awards |  |  | 412 |  |  | 2,061 |  |  | -
Nondeductible expenses and other |  |  | 1,275 |  |  | 1,328 |  |  | 765
Income taxes (benefit) |  | $ | 12,474 |  | $ | (14,211) |  | $ | 20,595
For The Year Ended December 31, 2012 T he effective income tax rate was 52.5%. This rate was higher t han the federal statutory rate of 35.0% primarily due to the combination of: (1) a reduction in income before income taxes as a result of the impairment loss of $22.3 million recorded in the second quarter of 2012; (2) an increase in net deferred tax liabilities associated with non-amortizable assets such as broadcasting licenses and goodwill; and (3) an adjustment for expenses that are not deductible for tax purposes. The rate was reduced by a tax benefit associated with a reduction in liabilities for uncertain tax positions due to the expiration of the statute of limitations in certain jurisdictions. For the Year Ended December 31, 2011 T he effective income tax rate was 27.3%. The difference between the federal statutory rate of 35.0% and the effective tax rate was primarily due to a reversal of the full valuation allowance against the Company's deferred tax assets for the reasons as described below under Valuation Allowance For Deferred Tax Assets. For the Year Ended December 31, 2010 T he effective income tax rate w as 30.7%. The difference between the federal statutory rate of 35.0% and the effective tax rate was primarily due to: (1) tax expense associated with non-amortizable assets such as broadcasting licenses and goodwill; (2) non-recognition of tax expense due to a full valuation allowance; (3) a decrease in the liability for uncertain tax positions for the reasons described below under Liabilities For Uncertain Tax Positions; and (4) permanent differences that are not fully deductible for tax purposes Income Tax Expense Income tax expense (benefit) for the years ended December 31, 2012, 2011 and 2010 is summarized as follows:
|  |  |  |  | Years Ended December 31,
|  |  |  |  | 2012 |  | 2011 |  | 2010
| Current: |  |  |  |  |  |  |  |  |
|  | Federal |  | $ | 0 |  | $ | 0 |  | $ | (2,608)
|  | State |  |  | (822) |  |  | (1,643) |  |  | 150
|  |  | Total current |  |  | (822) |  |  | (1,643) |  |  | (2,458)
| Deferred: |  |  |  |  |  |  |  |  |
|  | Federal |  |  | 10,481 |  |  | (14,225) |  |  | 19,246
|  | State |  |  | 2,815 |  |  | 1,657 |  |  | 3,807
|  |  | Total deferred |  |  | 13,296 |  |  | (12,568) |  |  | 23,053
Total income taxes (benefit) |  | $ | 12,474 |  | $ | (14,211) |  | $ | 20,595
Deferred Tax Assets And Deferred Tax Liabilities The income tax accounting process, to determine the deferred tax assets and deferred tax liabilities, involves estimating all temporary differences between the tax and financial reporting bases of the Company's assets and liabilities based on tax laws and statutory tax rates applicable to the period in which the differences are expected to affect taxable income. The tax effects of significant temporary differences that comprise the net deferred tax assets and liabilities are as follows:
|  |  |  |  | December 31,
|  |  |  |  | 2012 |  | 2011
|  |  |  |  | (amounts in thousands)
Deferred tax assets: |  |  |  |  |  |
| Employee benefits |  | $ | 877 |  | $ | 910
| Deferred compensation |  |  | 72 |  |  | 547
| Provision for doubtful accounts |  |  | 1,060 |  |  | 1,304
| Derivative financial instruments |  |  | - |  |  | 529
| Other |  |  | 486 |  |  | 256
| Total current deferred tax assets before valuation allowance |  |  | 2,495 |  |  | 3,546
| Valuation allowance |  |  | (37) |  |  | (428)
| Total current deferred tax assets - net |  |  | 2,458 |  |  | 3,118
| Federal and state income tax loss carryforwards |  |  | 93,199 |  |  | 63,814
| Share-based compensation |  |  | 2,969 |  |  | 2,579
| Investments - impairments |  |  | 490 |  |  | 450
| Lease rental obligations |  |  | 2,296 |  |  | 2,201
| Deferred compensation |  |  | 3,291 |  |  | 2,856
| Other |  |  | 1,166 |  |  | 1,293
| Total non-current deferred tax assets before valuation allowance |  |  | 103,411 |  |  | 73,193
| Valuation allowance |  |  | (18,124) |  |  | (9,033)
| Total non-current deferred tax assets - net |  |  | 85,287 |  |  | 64,160
| Total deferred tax assets |  | $ | 87,745 |  | $ | 67,278
Deferred tax liabilities: |  |  |  |  |  |
| Advertiser broadcasting obligations |  | $ | (13) |  | $ | (83)
| Total current deferred tax liabilities |  |  | (13) |  |  | (83)
| Deferral of gain recognition on the extinguishment of debt |  |  | (7,647) |  |  | (7,646)
| Property, equipment and certain intangibles (other |  |  |  |  |  |
|  | than broadcasting licenses and goodwill) |  |  | 1,901 |  |  | (955)
| Broadcasting licenses and goodwill |  |  | (105,767) |  |  | (69,109)
| Total non-current deferred tax liabilities |  |  | (111,513) |  |  | (77,710)
| Total deferred tax liabilities |  | $ | (111,526) |  | $ | (77,793)
| Total net deferred tax liabilities |  | $ | (23,781) |  | $ | (10,515)
Valuation Allowance For Deferred Tax Assets M anagement determin ed during the second quarter of 2011 that, on a more likely than not realization basis, a full valuation allowance was no longer required. The deferred tax asset valuation allowance was initially established in 2008 as the Company was impacted by the economic downturn during this period which resulted in impairments to the Company's broadcast licenses and goodwill in 2007 and 2008. These impairment losses impacted the Company's three-year cumulative income. Contributing to management's assessment during the second quarter of 2011, were sufficient positive indicators such as, but not limited to, the then present economic conditions (as compared to the economic conditions when the valuation allowance was established), recent profitability, management's expectation of future profitability, including available future taxable income under the current tax law to realize all of the tax benefits for deduc t ible temporary differences and carryforwards. In addition, the Company does not have a history of its federal and certain state net operating loss carryforwards expiring unused. The recoverability of the Company's net deferred tax assets ha s been assessed utilizing projections based on the Company's current operations. The projections show a significant decrease in tax amortization in the earl y years of the carryforward period as a significant portion of the Company's intangible assets will be fully amortized during that time. Accordingly, the recoverability of the net deferred tax asset s is not dependent on material improvements to operations, material asset sales or other non-routine transactions. Based on this assessment, management determined that it is more likely than not that such assets will be realized, which result ed in a reversal of the full valuation allowance during the second quarter of 2011. The following table presents the changes in the deferred tax asset valuation allowance for the periods indicated:
|  |  |  |  | Increase |  |  |  |  |  |
|  |  |  |  | (Decrease) |  | Increase |  |  |
|  |  |  |  | Charged/ |  | (Decrease) |  |  |
|  |  |  |  | (Credited) |  | Charged/ |  |  |
|  | Balance At |  | To Income |  | (Credited) |  | Balance At
|  | Beginning |  | Taxes |  | To |  | End Of
Year Ended |  | Of Year |  | (Benefit) |  | OCI |  | Year
|  |  | (amounts in thousands)
December 31, 2012 |  | $ | 9,461 |  | $ | 8,700 |  | $ | 0 |  | $ | 18,161
December 31, 2011 |  |  | 51,190 |  |  | (38,957) |  |  | (2,772) |  |  | 9,461
December 31, 2010 |  |  | 56,887 |  |  | (3,239) |  |  | (2,458) |  |  | 51,190
Liabilities For Uncertain Tax Positions The Company classifies interest related to income tax liabilities as income tax expense, and penalties are recognized as a component of income tax expense. T he income tax liabilities and accrued interest and penalties are presented as non-current liabilities, as payments are not anticipated within one year of the balance sheet date. These non-current income tax liabilities are recorded in other long-term liabilities in the consolidated balance sheets. The Company's liabilities for uncertain tax positions, which amounts were recorded as long-term liabilities in the balance sheets, are reflected in the following table as of the periods indicated:
|  |  | December 31,
|  |  | 2012 |  | 2011
|  |  | (amounts in thousands)
Liabilities for uncertain tax positions |  |  |  |  |  |
| Tax |  | $ | 67 |  | $ | 684
| Interest and penalties |  |  | 121 |  |  | 430
| Total |  | $ | 188 |  | $ | 1,114
The decrease in liabilities for uncertain tax positions for the year ended December 31, 2012 includes the expiration of statutes of limitation for certain tax jurisdictions. The Company reviews its estimates on a quarterly basis and any change in its liabilities for uncertain tax positions will result in an adjustment to its income tax expense in the statement of operations in each period measured. T he amount s for interest and penalties expense reflect ed in the statement s of operations w ere eliminated in the statement s of cash flows as no cash payments were made during these periods. The following table presents, for the periods indicated, the expense (income) for uncertain tax positions, which amounts were reflected in the consolidated statements of operations as an increase (decrease) to income tax expense:
|  | Years Ended December 31,
|  | 2012 |  | 2011 |  | 2010
|  | (amounts in thousands)
Tax expense (income) |  | $ | (617) |  | $ | (990) |  | $ | (1,821)
Interest and penalties (income) |  |  | (309) |  |  | (717) |  |  | (637)
Total income taxes (benefit) |  |  |  |  |  |  |  |  |
from uncertain tax positions |  | $ | (926) |  | $ | (1,707) |  | $ | (2,458)
The decrease in liabilities for uncertain tax positions for each of the year s ended December 31, 201 2, 201 1 and 2010 primarily reflects the expiration of statutes of limitation for certain tax jurisdictions. In addition, in 2010, the Company concluded an audit with the Internal Revenue Service (the “IRS”). The following table presents the gross amount of changes in unrecognized tax benefits for the periods indicated:
|  |  | Years Ended December 31,
|  |  | 2012 |  | 2011 |  | 2010
|  |  | (amounts in thousands)
Beginning of year balance |  | $ | (8,180) |  | $ | (7,738) |  | $ | (9,548)
Prior year positions |  |  |  |  |  |  |  |  |
| Gross Increases |  |  | (733) |  |  | - |  |  | -
| Gross Decreases |  |  | 858 |  |  | 708 |  |  | 2,489
Current year positions |  |  |  |  |  |  |  |  |
| Gross Increases |  |  | - |  |  | (1,431) |  |  | (1,017)
| Gross Decreases |  |  | - |  |  | - |  |  | -
Settlements with tax authorities |  |  | - |  |  | - |  |  | -
Reductions due to statute lapse |  |  | 365 |  |  | 281 |  |  | 338
End of year balance |  | $ | (7,690) |  | $ | (8,180) |  | $ | (7,738)
Ending liability balance included above that was |  |  |  |  |  |  |  |  |
| reflected as an offset to deferred tax assets |  | $ | (7,623) |  | $ | (7,495) |  | $ | (6,064)
The gross amount of the Company's unrecognized tax benefits is reflected in the above table which, if recognized, would impact the Company's effective income tax rate in the period of recognition. The total amount of unrecognized tax benefits could increase or decrease within the next 12 months for a number of reasons including the expiration of statutes of limitations, audit settlements and tax examination activities. As of December 31, 2012, there were no unrecognized net tax benefits (exclusive of interest and penalties) that over the next 12 months are subject to the expiration of various statutes of limitation. Interest and penalties accrued on uncertain tax positions are released upon the expiration of statutes of limitations. Federal And State Income Tax Audits The Company is subject to federal and state income tax audits from time to time that could result in proposed assessments. Management believes that the Company has made sufficient tax provisions for tax periods that are within the statutory period of limitations not previously audited and that are potentially open for examination by the taxing authorities. Potential liabilities associated with these years will be resolved when an event occurs to warrant closure, primarily through the completion of audits by the taxing jurisdictions, or if the statute of limitations expires. To the extent audits or other events result in a material adjustment to the accrued estimates, the effect would be recognized during the period of the event. There can be no assurance, however, that the ultimate outcome of audits will not have a material adverse impact on the Company's financial position, results of operations or cash flows. The Company cannot predict with certainty how these audits will be resolved and whether the Company will be required to make additional tax payments, which may include penalties and interest. During the fourth quarter of 2010, t he Company concluded an audit by the IRS with no proposed adjustment for the tax years of 2004 through 200 8. For most states where the Company conducts business, the Company is subject to examination for the preceding three to six years. In certain states, the period could be longer. Income Tax Payments And Refunds The following table provides the amount of income tax payments and income tax refunds for the period s indicated:
|  |  | Years Ended December 31,
|  |  | 2012 |  | 2011 |  | 2010
|  |  | (amounts in thousands)
State income tax payments |  | $ | 99 |  | $ | 82 |  | $ | 83
Federal and state income tax refunds (1) |  | $ | 256 |  | $ | 492 |  | $ | 6,866
(1) T ax refunds in 2011 and 2010 were primarily comprised of refund s resulting from federal tax legislation during the fourth quarter of 2009 that allowed the Company to carryback its 2008 net operating loss for five years rather than for two years. Net Operating Loss Carryforwards The Company reversed a full valuation allowance against its deferred tax assets during the second quarter of 2011. The Company has recorded a valuation allowance, however, for certain of its state NOLs as the Company does not expect to obtain a benefit in future periods. For further discussion, see Valuation Allowance For Deferred Tax Assets under this note. Utilization in future years of the NOL carryforwards may be subject to limitations due to the changes in ownership provisions under Section 382 of the Internal Revenue Code and similar state provisions. W indfall tax benefits will be recognized for book purposes and recorded to paid-in capital only when realized. The Company does not recognize a deferred tax asset for unrealized tax benefits associated with the tax deductions in excess of the compensation recorded (excess tax benefit). The Company applies the “with and without” approach for utilization of tax attributes upon realization of NOLs in the future. This method allocates stock-based compensation benefits last among other tax benefits recognized. The NOLs reflected in the following table are net of these windfall stock compensation deductions.
|  | Net Operating Losses
|  | December 31, 2012
|  |  |  | Suspended |  |  |
|  | NOLs |  | Windfall |  | NOL Expiration Period
|  | (amounts in thousands) |  |  | (in years)
Federal NOL carryforwards |  | $ | 203,511 |  | $ | 6,808 |  | 2030 to 2033
State NOL carryforwards |  | $ | 468,676 |  | $ | 6,225 |  | 2013 to 2032
State income tax credit |  | $ | 1,248 |  |  |  |  | to 2018
Prior Period Tax Provision Correction Included in the year ended December 31, 2011 is a prior period c orrection to the year ended December 31, 2008 of $6.0 million that was made to record an income tax benefit to other comprehensive income (loss) and to increase deferred income tax expense by the same amount. The prior period financial statements were not restated as t his correction was considered to be immaterial to both the Company's previously reported and current results of operations and financial position and had no i m pact on previously reported cash flows from operating, financing or investing activities. In addition, during the year ended December 31, 2011, the Company noted error s related to its deferred tax expense for the three month s ended September 30, 2011 and June 30, 2011 of $0.4 million and $1.6 million, respectively. These errors were primarily due to the nett ing of deferred tax liabilit ies, from the amortization of tax deductible goodwill and FCC licenses, against its deferred tax assets. S ince the deferred tax liabilit ies ha ve indefinite l ives, they should not have been netted against deferred tax assets with definite li ves. The Company corrected th ese error s during the three months and year ended December 31, 2011 by recognizing an additional $1.5 million in deferred tax expense in the period s, which include d a prior year adjustment of $0.5 million related to its liabilities for uncertain tax positions. The Company recorded the correction of th ese error s to the financial statements for the three months ended December 31, 2011 as th ese error s w ere not material to the financial statements for the three months ended June 30, 2011, September 30, 2011 and December 31, 2011.

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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/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 2 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32537-109319 Reference 2: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Statement of Financial Accounting Standard (FAS) -Number 109 -Paragraph 136, 172 -LegacyDoc This reference is SUPERSEDED by the Accounting Standards Codification effective for interim and annual periods ending after September 15, 2009. This reference is included to help users transition from the previous accounting hierarchy and will be removed from future versions of this taxonomy. Reference 3: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Statement of Financial Accounting Standard (FAS) -Number 109 -Paragraph 43, 44, 45, 46, 47, 48, 49 -LegacyDoc This reference is SUPERSEDED by the Accounting Standards Codification effective for interim and annual periods ending after September 15, 2009. This reference is included to help users transition from the previous accounting hierarchy and will be removed from future versions of this taxonomy. Reference 4: http://www.xbrl.org/2003/role/presentationRef -Publisher SEC -Name Regulation S-X (SX) -Number 210 -Section 08 -Paragraph h -Article 4 Reference 5: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 3 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32559-109319 Reference 6: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 9 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32639-109319 Reference 7: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 15 -URI http://asc.fasb.org/extlink&oid=6907707&loc=d3e32718-109319 Reference 8: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 235 -SubTopic 10 -Section S99 -Paragraph 1 -Subparagraph (SX 210.4-08.(h)) -URI http://asc.fasb.org/extlink&oid=6881521&loc=d3e23780-122690 + Details
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