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Income Taxes
6 Months Ended
Jun. 30, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

(7) INCOME TAXES

The Company is subject to federal and applicable state corporate income taxes on its taxable ordinary income and capital gains. As a corporation taxed under Subchapter C of the Internal Revenue Code, the Company is able, and intends, to file a consolidated federal income tax return with corporate subsidiaries, in which it holds 80% or more of the outstanding equity interest measured by both vote and fair value.

The following table sets forth the significant components of our deferred and other tax assets and liabilities as of June 30, 2020 and December 31, 2019.

 

(Dollars in thousands)

 

June 30, 2020

 

 

December 31, 2019

 

Goodwill and other intangibles

 

$

(45,288

)

 

$

(45,595

)

Provision for loan losses

 

 

23,298

 

 

 

19,198

 

Net operating loss carryforwards(1)

 

 

22,736

 

 

 

22,607

 

Accrued expenses, compensation, and other assets

 

 

1,886

 

 

 

1,701

 

Unrealized gains on other investments

 

 

(7,732

)

 

 

(6,790

)

Total deferred tax liability

 

 

(5,100

)

 

 

(8,879

)

Valuation allowance

 

 

(462

)

 

 

(462

)

Deferred tax liability, net

 

 

(5,562

)

 

 

(9,341

)

Taxes receivable

 

 

977

 

 

 

1,516

 

Net deferred and other tax liabilities

 

$

(4,585

)

 

$

(7,825

)

 

(1)

As of June 30, 2020, the Company and its subsidiaries had an estimated $90,204 of net operating loss carryforwards, $1,712 of which expire at various dates between December 31, 2026 and December 31, 2035, which had a net carrying value of $22,274 as of June 30, 2020.

The components of our tax benefit for the three and six months ended June 30, 2020 and 2019 were as follows:

 

 

 

Three Months Ended June 30,

 

 

Six Months Ended June 30,

 

(Dollars in thousands)

 

2020

 

 

2019

 

 

2020

 

 

2019

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

 

$

 

 

$

(869

)

State

 

 

(137

)

 

 

(136

)

 

 

(223

)

 

 

(959

)

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

774

 

 

 

1,588

 

 

 

3,299

 

 

 

2,198

 

State

 

 

216

 

 

 

383

 

 

 

1,026

 

 

 

1,721

 

Net benefit for income taxes

 

$

853

 

 

$

1,835

 

 

$

4,102

 

 

$

2,091

 

 

The following table presents a reconciliation of statutory federal income tax (provision) benefit to consolidated actual income tax benefit for the three and six months ended June 30, 2020 and 2019.

 

 

 

 

Three Months Ended June 30,

 

 

Six Months Ended June 30,

 

(Dollars in thousands)

 

2020

 

 

2019

 

 

2020

 

 

2019

 

Statutory Federal income tax benefit at 21%

 

$

655

 

 

$

1,663

 

 

$

4,067

 

 

$

1,284

 

State and local income taxes, net of federal income tax benefit

 

 

122

 

 

 

194

 

 

 

760

 

 

 

87

 

Change in effective state income tax rate

 

 

196

 

 

 

 

 

 

149

 

 

 

686

 

Income attributable to non-controlling interest

 

 

50

 

 

 

 

 

 

(166

)

 

 

 

Non deductible expenses

 

 

(198

)

 

 

 

 

 

(789

)

 

 

 

Other

 

 

28

 

 

 

(22

)

 

 

81

 

 

 

34

 

Total income tax benefit

 

$

853

 

 

$

1,835

 

 

$

4,102

 

 

$

2,091

 

 

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which temporary differences become deductible pursuant to ASC 740. The Company considers the reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. The Company’s evaluation of the realizability of deferred tax assets must consider both positive and negative evidence. The weight given to the potential effects of positive and negative evidence is based on the extent to which it can be objectively verified. Based upon these considerations, the Company determined the necessary valuation allowance as of June 30, 2020.

The Company has filed tax returns in many states. Federal, New York State, New York City, and Utah state tax filings of the Company for the tax years 2016 through the present are the more significant filings that are open for examination. Currently, the Company is undergoing various examinations covering the years 2016 to 2018.