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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes

NOTE 13. INCOME TAXES

The following table presents the components of income tax expense (benefit) attributable to continuing operations included in the Consolidated Statements of Operations for the years ended December 31:

 

(in thousands)                   
     Current     Deferred     Total  

YEAR ENDED DECEMBER 31, 2011:

      

Federal

   $ 29,932      $ (40   $ 29,892   

State

     4,810        2,040        6,850   
  

 

 

   

 

 

   

 

 

 
   $ 34,742      $ 2,000      $ 36,742   
  

 

 

   

 

 

   

 

 

 

YEAR ENDED DECEMBER 31, 2010:

      

Federal

   $ (1,714   $ 6,364      $ 4,650   

State

     3,126        (1,971     1,155   
  

 

 

   

 

 

   

 

 

 
   $ 1,412      $ 4,393      $ 5,805   
  

 

 

   

 

 

   

 

 

 

YEAR ENDED DECEMBER 31, 2009:

      

Federal

   $ (24,339   $ (7,471   $ (31,810

State

     1,762        (10,889     (9,127
  

 

 

   

 

 

   

 

 

 
   $ (22,577   $ (18,360   $ (40,937
  

 

 

   

 

 

   

 

 

 

The following table presents a reconciliation of income taxes computed at the Federal statutory rate to the actual effective rate for the years ended December 31:

 

     2011     2010     2009  

Statutory Federal income tax rate

     35.0     35.0     35.0

Goodwill impairment

     —          —          -20.0

State tax, net of Federal income tax

     3.8     2.5     2.9

Tax-exempt income

     -3.7     -13.6     2.2

Tax credits

     -1.5     -5.5     1.0

Other

     -0.6     -1.4     -0.1
  

 

 

   

 

 

   

 

 

 

Effective income tax rate

     33.0     17.0     21.0
  

 

 

   

 

 

   

 

 

 

The following table reflects the effects of temporary differences that give rise to the components of the net deferred tax (liabilities) assets (recorded in other liabilities or/and other assets on the consolidated balance sheets) as of December 31:

 

(in thousands)             
     2011     2010  

DEFERRED TAX ASSETS:

    

Covered loans

   $ 38,812      $ 49,334   

Allowance for loan and lease losses

     36,221        41,084   

Accrued severance and deferred compensation

     10,976        10,690   

Tax credits

     6,815        13,289   

Non-covered other real estate owned

     6,566        3,741   

Covered other real estate owned

     6,284        8,132   

Non-covered loans

     2,607        3,401   

Discount on trust preferred securities

     2,535        2,753   

Basis differences of stock and securities

     2,335        2,998   

Net operating loss carryforwards

     1,291        8,897   

Other

     9,826        7,719   
  

 

 

   

 

 

 

Total gross deferred tax assets

     124,268        152,038   

DEFERRED TAX LIABILITIES:

    

FDIC indemnification asset

     45,817        73,719   

Unrealized gain on investment securities

     22,713        16,966   

Fair market value adjustment on junior subordinated debentures

     20,099        20,801   

Premises and equipment depreciation

     8,789        5,581   

Mortgage servicing rights

     7,058        5,782   

Deferred loan fees

     4,983        4,297   

Intangibles

     4,928        5,228   

Leased assets

     4,251        4,879   

Other

     6,063        5,136   
  

 

 

   

 

 

 

Total gross deferred tax liabilities

     124,701        142,389   
  

 

 

   

 

 

 

Net deferred tax (liabilities) assets

   $ (433   $ 9,649   
  

 

 

   

 

 

 

The Company has determined that it is not required to establish a valuation allowance for the deferred tax assets as management believes it is more likely than not that the deferred tax assets of $124.3 million and $152.0 million at December 31, 2011 and 2010, respectively, will be realized principally through carry-back to taxable income in prior years and future reversals of existing taxable temporary differences. Management further believes that future taxable income will be sufficient to realize the benefits of temporary deductible differences that cannot be realized through carry-back to prior years or through the reversal of future temporary taxable differences.

The tax credits consist of state tax credits of $6.8 and $8.9 million at December 31, 2011 and 2010, respectively, and none and $4.3 million of federal low income housing credits at December 31, 2011 and 2010, respectively. The state tax credits, comprised primarily of State of Oregon Business Energy Tax Credits ("BETC"), will be utilized to offset future state income taxes. Most of the state tax credits benefit a five-year period, with an eight-year carry-forward allowed. Federal low income housing credits have a twenty-year carry forward. Management believes, based upon the Company's historical performance, that the deferred tax assets relating to these tax credits will be realized in the normal course of operations, and, accordingly, management has not reduced these deferred tax assets by a valuation allowance.

The Company has California state net operating loss carry forwards of $1.3 million at both December 31, 2011 and 2010. The California state net operating losses may be carried forward twenty years. Management believes, based upon the Company's historical performance, that the deferred tax assets relating to federal and state net operating losses will be realized in the normal course of operations, and, accordingly, management has not reduced these deferred tax assets by a valuation allowance.

The Company and its subsidiaries file income tax returns in the U.S. federal jurisdiction, as well as the Oregon and California state jurisdictions. Except for the California amended returns of an acquired institution for the tax years 2001, 2002, and 2003, and only as it relates to the net interest deduction taken on these amended returns, the Company is no longer subject to U.S. federal or Oregon state tax authority examinations for years before 2008 and California state tax authority examinations for years before 2004. The Internal Revenue Service concluded an examination of the Company's U.S. income tax returns for 2006 through 2008 in 2010. The results of these examinations had no significant impact on the Company's financial statements.

In accordance with the provisions of FASB ASC 740, Income Taxes, ("ASC 740"), relating to the accounting for uncertainty in income taxes, the Company periodically reviews its income tax positions based on tax laws and regulations and financial reporting considerations, and records adjustments as appropriate. This review takes into consideration the status of current taxing authorities' examinations of the Company's tax returns, recent positions taken by the taxing authorities on similar transactions, if any, and the overall tax environment.

The Company recorded a reduction in its liability for unrecognized tax benefits relating to California tax incentives and temporary differences in the amount of $39,000 and $1.7 million during 2011 and 2010, respectively. The Company had gross unrecognized tax benefits recorded as of December 31, 2011 and 2010 in the amounts of $550,000 and $589,000, respectively. If recognized the unrecognized tax benefit would impact the 2011 annual effective tax rate by 0.3%. During 2011, the Company recognized a benefit of $4,000 in interest related to its liability for unrecognized tax benefits during the same period. During 2010, the Company accrued $194,000 of interest related to unrecognized tax benefits, which is reported by the Company as a component of tax expense. As of December 31, 2011 and 2010, the accrued interest related to unrecognized tax benefits is $167,000 and $171,000, respectively.

Detailed below is a reconciliation of the Company's unrecognized tax benefits, gross of any related tax benefits, for the years ended December 31, 2011 and 2010, respectively:

 

(in thousands)             
     2011     2010  

Balance, beginning of period

   $ 589      $ 2,263   

Changes based on tax positions related to prior years

     —          (1,674

Reductions for tax positions of prior years

     (39     —     
  

 

 

   

 

 

 

Balance, end of period

   $ 550      $ 589