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INCOME TAXES
12 Months Ended
Dec. 31, 2011
INCOME TAXES [Abstract]  
INCOME TAXES
(7) INCOME TAXES

A summary of the provision for income tax benefit is as follows.

   
Years Ended December 31,
 
   
2011
  
2010
  
2009
 
   
(Dollars in Thousands)
 
Federal
         
Current
 $310  $(1,701) $(7,906)
Deferred
  (490)  (1,928)  2,358 
Provision for Federal income tax benefit
  (180)  (3,629)  (5,548)
State
            
Current
  -   -   - 
Deferred
  (390)  (330)  (373)
Provision for state income tax benefit
  (390)  (330)  (373)
Provision for income tax benefit
 $(570) $(3,959) $(5,921)
 
The actual income tax benefit differs from the "expected" income tax benefit (computed by applying the combined applicable effective federal and state tax rates to income before provision for income tax benefit) as follows.

   
Years Ended December 31,
 
   
2011
  
2010
  
2009
 
   
(Dollars in Thousands)
 
           
Computed expected tax benefit, at federal rate
 $(341) $(4,065) $(5,512)
State tax, net of federal deduction benefit
  (36)  (434)  (588)
Tax-exempt interest
  (41)  (211)  (398)
Dividend received deduction
  (80)  (99)  (94)
Stock option expense and other permanent differences
  87   114   173 
Intercompany
  -   223   - 
Other
  (159)  513   498 
Provision for income tax benefit
 $(570) $(3,959) $(5,921)

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of our net deferred tax asset are as follows.

   
Years Ended December 31,
 
   
2011
  
2010
 
Deferred tax assets:
      
Unpaid losses and loss adjustment expenses
 $2,385  $2,243 
Unearned premiums
  1,950   1,663 
Discount on advance premiums
  195   - 
Allowance for credit losses
  34   - 
Allowance for impairments
  317   - 
Regulatory assessments
  -   (69)
Unearned agent commissions (SNSIC)
  -   8 
Depreciation & amortization
  317   393 
Reserve for claims settlements
  809   809 
NOL Carryforward
  5,696   5,702 
Deferred gain on sale and leaseback
  -   100 
Stock option expense per ASC 718
  410   379 
Total deferred tax assets
  12,113   11,228 
Deferred tax liabilities:
        
          
Deferred acquisition costs, net
  (2,905)  (2,965)
Allowance for credit losses
  -   (44)
Discount on advance premiums
  -   11 
Regulatory assessments
  (67)  - 
Unrealized Gain on investment securities
  (529)  (314)
Total deferred tax liabilities
  (3,501)  (3,312)
Net deferred tax asset
 $8,612  $7,916 

Based upon the results of our analysis and the application of ASC 740-10, we have determined that all material tax positions meet the recognition threshold and can be considered as highly certain tax positions. This is based on clear and unambiguous tax law, and we are highly confident that the full amount of each tax position will be sustained upon possible examination. Accordingly, the full amount of the tax positions will be recognized in the financial statements.
 
The Company has recorded a net deferred tax asset of $8.6 million and $7.9 million as of December 31, 2011 and 2010, respectively.  Realization of net deferred tax asset is dependent on generating sufficient taxable income in future periods. Management believes that it is more likely than not that the deferred tax assets will be realized and as such no valuation allowance has been recorded against the net deferred tax asset. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income and tax planning strategies in making this assessment. At December 31, 2011 and 2010, based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not that the Company will realize the benefits of these deductible differences. When assessing the need for valuation allowances, the Company considers future taxable income and ongoing prudent and feasible tax planning strategies. Should a change in circumstances lead to a change in judgment about the realizability of deferred tax assets in future years, the Company would record valuation allowances as deemed appropriate in the period that the change in circumstances occurs, along with a corresponding increase or charge to net income. The resolution of tax reserves and changes in valuation allowances could be material to the Company's results of operations for any period, but is not expected to be material to the Company's financial position.

The Company's consolidated federal and state income tax returns for 2005-2010 are open for review by the Internal Revenue Service (“IRS”) and various state taxing authorities. The federal income tax returns for 2003 and 2002 have been examined by the IRS. The IRS concluded its examination for 2003 and 2002 and there were no material changes in the tax liability for those years. The 2005 and 2006 income tax returns and net operating loss carry-back from tax year 2009 have been reviewed by the Joint Committee on Taxation. The Joint Committee on Taxation completed its consideration in September 2011 and took no exception to the conclusions reached by the IRS regarding the net operating loss carry-back from tax year 2009.