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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes  
Income Taxes

(7) Income Taxes

 

The components of income (loss) from continuing operations before income taxes are as follows

 

 

 

Years ended December 31,

 

 

 

2013

 

2012

 

2011

 

 

 

(in thousands)

 

US

 

$

10,408

 

$

2,335

 

$

23,902

 

Non U.S.

 

892

 

361

 

(17

)

Income from continuing operations before income taxes

 

11,300

 

2,696

 

23,885

 

 

The components of income tax expense for the years ended December 31, 2013, 2012 and 2011, included in the accompanying consolidated statements of income were as follows:

 

 

 

Federal

 

State

 

Foreign

 

Total

 

 

 

(in thousands)

 

December 31, 2013

 

 

 

 

 

 

 

 

 

Current

 

$

(155

)

$

123

 

$

95

 

$

63

 

Deferred

 

(3,755

)

(634

)

 

(4,389

)

Total 2013

 

$

(3,910

)

$

(511

)

$

95

 

$

(4,326

)

 

 

 

 

 

 

 

 

 

 

December 31, 2012

 

 

 

 

 

 

 

 

 

Current

 

$

175

 

$

37

 

$

 

$

212

 

Deferred

 

707

 

242

 

 

949

 

Total 2012

 

$

882

 

$

279

 

$

 

$

1,161

 

 

 

 

 

 

 

 

 

 

 

December 31, 2011

 

 

 

 

 

 

 

 

 

Current

 

$

1,373

 

$

(331

)

$

 

$

1,042

 

Deferred

 

9,783

 

(1,448

)

 

8,335

 

Total 2011

 

$

11,156

 

$

(1,779

)

$

 

$

9,377

 

 

The following is a reconciliation of the federal income tax expense at the statutory rate of 34% to the effective income tax expense:

 

 

 

Years Ended December 31,

 

 

 

2013

 

2012

 

2011

 

 

 

(in thousands and % of pre-tax income)

 

 

 

$

 

%

 

$

 

%

 

$

 

%

 

Statutory federal income tax expense

 

3,842

 

34.0

 

916

 

34.0

 

8,147

 

34.0

 

State taxes, net of federal benefit

 

(338

)

(3.0

)

185

 

6.9

 

(38

)

(0.2

)

Foreign tax paid

 

95

 

0.8

 

 

 

 

 

State income tax apportionment adjustment

 

 

 

 

 

(1,137

)

(4.7

)

Extraterritorial income exclusion

 

 

 

 

 

(7

)

 

Tax consequences of the sale of engines to WMES

 

(36

)

(0.3

)

(46

)

(1.7

)

1,214

 

5.1

 

Uncertain tax positions

 

160

 

1.4

 

97

 

3.6

 

195

 

0.8

 

Permanent differences-162(m)

 

732

 

6.5

 

385

 

14.3

 

737

 

3.1

 

ETI basis restoration

 

(8,728

)

(77.2

)

 

 

 

 

Permanent differences and other

 

(53

)

(0.5

)

(376

)

(14.1

)

266

 

1.0

 

Effective income tax expense (benefit)

 

(4,326

)

(38.3

)

1,161

 

43.0

 

9,377

 

39.1

 

 

In 2011, we determined that a number of assets and their associated leases qualify for exclusion from federal taxable income under the Extraterritorial Income Exclusion rules, resulting in a reduction in the federal effective tax rate in those years. In 2012, these assets and their associated leases no longer qualify for exclusion from federal taxable income under the Extraterritorial Income Exclusion rules.

 

In 2011, the Company’s effective tax rate was reduced by $1.1 million related to a change in California state tax law enacted during 2009 regarding state apportionment of income which became effective in 2011.

 

In 2013, we recorded an income tax benefit of $8.7 million related to an extraterritorial income (“ETI”) adjustment for certain of our engines. We recognized this income tax benefit in the current period resulting from adjustments made to the tax basis of certain of our engines due to a decision in a recent court case on behalf of another company in which our circumstances are similar. The Company records tax expense or benefit for unusual or infrequent items discretely in the period in which they occur.

 

The following table summarizes the activity related to the Company’s unrecognized tax benefits:

 

 

 

(in thousands)

 

Balance as of December 31, 2011

 

$

308

 

Increases related to current year tax positions

 

98

 

Balance as of December 31, 2012

 

406

 

Increases related to current year tax positions

 

160

 

Balance as of December 31, 2013

 

$

566

 

 

As of December 31, 2013, we reserved $0.2 million for the benefit resulting from the Extraterritorial Income Exclusion noted above.  As of December 31, 2012 and 2011, we reserved $0.1 million and $0.2 million, respectively, for tax exposure in Europe, no reserve was established as of December 31, 2013 for the exposure in Europe. If the Company is able to eventually recognize these uncertain tax positions, all of the unrecognized benefit would reduce the Company’s effective tax rate.

 

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities are presented below:

 

 

 

As of December 31,

 

 

 

2013

 

2012

 

 

 

(in thousands)

 

Deferred tax assets:

 

 

 

 

 

Unearned lease revenue

 

$

1,134

 

$

1,550

 

State taxes

 

532

 

706

 

Reserves and allowances

 

853

 

1,596

 

Other accruals

 

1,048

 

962

 

Alternative minimum tax credit

 

377

 

542

 

Net operating loss carry forward

 

36,778

 

32,470

 

Charitable contributions

 

17

 

18

 

Total deferred tax assets

 

40,739

 

37,844

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

Depreciation and impairment on aircraft engines and equipment

 

(125,675

)

(124,292

)

Other deferred tax liabilities

 

(1,575

)

(4,451

)

Net deferred tax liabilities

 

(127,250

)

(128,743

)

 

 

 

 

 

 

Other comprehensive income, deferred tax asset

 

(174

)

261

 

 

 

 

 

 

 

Net deferred tax liabilities

 

$

(86,685

)

$

(90,638

)

 

As of December 31, 2013, we had net operating loss carry forwards of approximately $103.6 million for federal tax purposes and $19.2 million for state tax purposes. The federal net operating loss carry forwards will expire at various times from 2022 to 2033 and the state net operating loss carry forwards will expire at various times from 2016 to 2023. The Company’s ability to utilize the net operating loss and tax credit carry forwards in the future may be subject to restriction in the event of past or future ownership changes as defined in Section 382 of the Internal Revenue Code and similar state tax law. As of December 31, 2013, we also had alternative minimum tax credit of approximately $0.3 million for federal income tax purposes which has no expiration date and which should be available to offset future regular tax liabilities. Management believes that no valuation allowance is required on deferred tax assets, as it is more likely than not that all amounts are recoverable through future taxable income.

 

Deferred tax assets relating to tax benefits of employee stock option grants have been reduced to reflect exercises in 2013.  Some exercises resulted in tax deductions in excess of previously recorded benefits based on the option value at the time of grant (“windfall”).  Although these additional tax benefits are reflected in net operating tax loss carryforwards, pursuant to ASC 718, in the amount of $0.5 million as of December 31, 2013, the additional tax benefit associated with the windfall is not recognized until the deduction reduces taxes payable. The tax effect of windfalls included in net operating loss carryforwards but not reflected in deferred tax assets for 2013 are $0.2 million and will be recorded to paid in capital when recognized.