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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
Income tax expense (benefit) from continuing operations for the years ended December 31, 2013, 2012, and 2011 consisted of the following (dollars in thousands):
 
 
2013
 
2012
 
2011
Current income tax (benefit) expense
 
 
 
 
 
 
   Federal
 
$

 
$
(411
)
 
$
(901
)
   State and local
 
2,987

 
3,076

 
1,100

           Total current income tax expense
 
$
2,987

 
$
2,665

 
$
199

 
 
 
 
 
 
 
Deferred tax benefit
 
 
 
 
 
 
   Federal
 
$
(65,330
)
 
$
(22,487
)
 
$
(8,651
)
   State and local
 
(6,121
)
 
(14,848
)
 
(2,807
)
            Total deferred tax benefit
 
(71,451
)
 
(37,335
)
 
(11,458
)
            Total income tax benefit
 
$
(68,464
)
 
$
(34,670
)
 
$
(11,259
)

Total income tax expense (benefit) from continuing operations differed from the amount computed by applying the federal statutory tax rate of 35.0% for the years ended December 31, 2013, 2012 and 2011 due to the following (dollars in thousands)


2013

2012

2011
Pretax loss at federal statutory rate

$
(8,698
)

$
(51,311
)

$
(10,361
)
State income tax (benefit) expense, net federal (benefit) expense

(209
)

4,347


(2,383
)
Acquisition costs

399




1,510

Change in state tax rates

296


(10,985
)

(1,523
)
Section 162 disallowance

140


1,438


335

Book gain on equity investment





(4,073
)
Impairment charges on goodwill with no tax basis



35,000



(Decrease) increase in valuation allowance

(61,512
)

(12,812
)

4,996

Other

1,120

 
(347
)
 
240

         Net Income tax benefit

$
(68,464
)

$
(34,670
)

$
(11,259
)

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities at December 31, 2013 and 2012 are presented below (dollars in thousands):
 
 
2013
 
2012
Current deferred tax assets:
 
 
 
Accounts receivable
$
1,501

 
$
1,613

Accrued expenses and other current liabilities
3,690

 
1,896

Net operating loss
41,469

 
45,564

Current deferred tax assets
46,660

 
49,073

Less: valuation allowance
(3,562
)
 
(23,928
)
Net current deferred tax assets
43,098

 
25,145

Noncurrent deferred tax assets:

 
 
Intangible and other assets

 
43,185

Property and equipment

 
6,207

Advertising relationships
7,037

 
10,689

Other liabilities
16,281

 
12,216

AMT tax credit
5,037

 

Net operating loss
145,056

 
238,176

Noncurrent deferred tax assets
173,411

 
310,473

Less: valuation allowance
(13,240
)
 
(147,125
)
Net noncurrent deferred tax assets
160,171

 
163,348

Noncurrent deferred tax liabilities:

 
 
Intangible assets
536,351

 
570,856

Property and equipment
47,083

 
54,465

Cancellation of debt income
74,396

 
94,257

Other
2,847

 
3,688

Noncurrent deferred tax liabilities
660,677

 
723,266

Net noncurrent deferred tax liabilities
500,506

 
559,918

Net deferred tax liabilities
$
457,408

 
$
534,773


Deferred tax assets and liabilities are computed by applying the federal and state income tax rates in effect to the gross amounts of temporary differences and other tax attributes, such as net operating loss carry-forwards. In assessing if the deferred tax assets will be realized, the Company considers whether it is more likely than not that some or all of these deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the period in which these deductible temporary differences reverse.
As of December 31, 2013, the Company believes that it is more likely than not that all but $16.8 million of its deferred tax assets relating to state net operating loss carryforwards will be realized. As such, the Company recorded a deferred tax benefit related to the release of its valuation allowance of $135.0 million for the year ended December 31, 2013. $69.5 million of the total deferred tax benefit relates to the change in judgment about the future realization of deferred tax assets available at the beginning of the year and $65.5 million is the result of the consumption of federal and state net operating losses during the year; primarily the result of taxable income related to the sale of assets to Townsquare Media. In accordance with the intraperiod tax allocation rules, $61.5 million of the tax deferred tax benefit has been allocated to continuing operations with the remainder being allocated to discontinued operations.
At December 31, 2013, the Company has federal net operating loss carry forwards available to offset future income of approximately $464.0 million which will expire in the years 2030 through 2032. At December 31, 2013, the Company has state net operating loss carry forwards available to offset future income of approximately $2.0 billion which will expire in the years 2015 through 2032. In addition to the federal and state net operating loss carry forwards noted above, approximately $1.1 million of net operating loss carry forwards relate to windfall tax benefits associated with the Company's equity based compensation plan that will benefit additional paid in capital when realized. The Company's policy is to treat these equity based net operating loss carry forwards as the last net operating loss carry forwards to be consumed.
The Company records interest and penalties related to unrecognized tax benefits in current income tax expense. Of this amount $0.2 million was recorded to expense in 2013. The total interest and penalties accrued at December 31, 2013 was $4.1 million. The total unrecognized tax benefits and accrued interest and penalties at December 31, 2013 was $19.0 million. Of this total, $19.0 million represents the unrecognized tax benefits and accrued interest and penalties that, if recognized, would favorably affect the effective income tax rate in future periods. Approximately $19.0 million relates to items which are not expected to change significantly within the next 12 months. Substantially all federal, state, local and foreign income tax returns have been closed for the tax years through 2009; however, the various tax jurisdictions may adjust the Company’s net operating loss carry forwards. The following table reconciles unrecognized tax benefits during the relevant years:
Balance at January 1, 2011
 
$
12,454

Decreases due to tax positions taken during 2012
 
(169
)
Balance at December 31, 2012
 
$
12,285

Increases for tax positions related to the WestwoodOne acquisition
 
2,603

Balance at December 31, 2013
 
$
14,888