INCOME TAXES

The components of income tax expense for the nine months ended December 31, 2011 are as follows (in thousands):



	December 31, 2011
Federal income tax expense (benefit):
Current	$	(1,121	)
Deferred	(4,512		)
Valuation Allowance	4,597
	(1,036		)
State and local income tax expense (benefit):
Current	109
Deferred	(1,198		)
Valuation Allowance	1,198
	109

Total income tax benefit:	$	(927	)

The following is a reconciliation of the expected Federal income tax rate to the consolidated effective tax rate for the nine months ended December 31, 2011 (dollars in thousands):



	December 31, 2011
	Amount			Percent
Statutory Federal income tax	$	(5,610	)	34.0	%
State and local income taxes, net of Federal tax benefit	(1,180		)	7.2	%
General business credit	(24		)	0.1	%
Valuation allowance	5,794			(35.1	)%
Other	93			(0.6	)%
Total income tax benefit	$	(927	)	5.6	%

On June 29, 2011, the Company raised $55 million of equity. The capital raise triggered a change in control under Section 382 of the Internal Revenue Code. Generally, Section 382 limits the utilization of an entity's net operating loss carry forwards, general business credits, and recognized built-in losses upon a change in ownership. The Company expects to be subject to an annual limitation of approximately $0.9 million. The company has a net deferred tax asset ("DTA") of approximately $24.6 million. A full valuation allowance for the DTA has been recorded. Due to the Section 382 limitation, some portion of the DTA may not be recoverable and the company has not yet determined the potential tax attributes that may be subject to limitation under 382.

At March 31, 2011, the Company had net operating carryovers for state purposes of approximately $5.3 million which are available to offset future state income and which expire over varying periods from March 2028 through March 2029.

The Company has no uncertain tax positions. The Company and its subsidiaries are subject to U.S. Federal, New York State and New York City income taxation. The Company is no longer subject to examination by taxing authorities for years before March 31, 2006. A tax position is recognized as a benefit only if it is “more likely than not” that the tax position would be sustained in a tax examination, with a tax examination being presumed to occur. The amount recognized is the largest amount of tax benefit that is greater than 50% likely of being realized on examination. For tax positions not meeting the “more likely than not” test, no tax benefit is recorded.