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INCOME TAXES
12 Months Ended
Dec. 31, 2011
INCOME TAXES  
INCOME TAXES

NOTE 14—INCOME TAXES

        The following table presents the components of income tax benefit (expense) for the years indicated:

 
  Year Ended December 31,  
 
  2011   2010   2009  
 
  (In thousands)
 

Current Income Taxes:

                   

Federal

  $ (15,129 ) $ 7,912   $ 10,716  

State

    (9,562 )   (3,557 )   (528 )
               

Total current income tax (expense) benefit

    (24,691 )   4,355     10,188  
               

Deferred Income Taxes:

                   

Federal

    (11,726 )   27,263     (4,100 )

State

    (383 )   15,096     1,713  
               

Total deferred income tax (expense) benefit

    (12,109 )   42,359     (2,387 )
               

Total income tax (expense) benefit

  $ (36,800 ) $ 46,714   $ 7,801  
               

        The following table presents a reconciliation of the recorded income tax benefit (expense) to the amount of taxes computed by applying the applicable statutory Federal income tax rate of 35% to earnings or loss before income taxes:

 
  Year Ended December 31,  
 
  2011   2010   2009  
 
  (In thousands)
 

Computed expected income tax (expense) benefit at Federal statutory rate

  $ (30,626 ) $ 38,056   $ 6,003  

State tax (expense) benefit, net of federal tax benefit

    (6,464 )   7,500     770  

Increase in cash surrender value of life insurance

    504     486     553  

Tax credits

    556     523     690  

Other, net

    (770 )   149     (215 )
               

Recorded income tax (expense) benefit

  $ (36,800 ) $ 46,714   $ 7,801  
               

        The Company had net income taxes receivable of $14.6 million and $20.5 million at December 31, 2011 and 2010, respectively, on its consolidated balance sheets.

        The Company had available at December 31, 2011, approximately $1.1 million of unused Federal net operating loss carryforwards that may be applied against future taxable income through 2030. The Company had available at December 31, 2011, approximately $90.7 million of unused state net operating loss carryforwards that may be applied against future taxable income through 2032. Utilization of the net operating loss and other carryforwards are subject to annual limitations set forth in Section 382 of the Internal Revenue Code.

        The following table presents the tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities as of the dates indicated:

 
  December 31,  
 
  2011   2010  
 
  (In thousands)
 

Deferred Tax Assets:

             

Book allowance for loan losses in excess of tax specific charge-offs

  $ 39,520   $ 43,757  

Interest on nonaccrual loans

    641     1,986  

Deferred compensation

    3,999     4,216  

Net operating losses

    6,467     15,890  

Premises and equipment, principally due to differences in depreciation

    5,526     5,284  

OREO valuation allowance

    9,689     8,949  

Assets acquired in FDIC-assisted acquisition

    23,364     32,650  

State tax benefit

    3,311      

Accrued liabilities

    9,550     8,137  

Other

    5,336     7,544  

Goodwill

    4,764     5,991  
           

Gross deferred tax assets

    112,167     134,404  
           

Deferred Tax Liabilities:

             

Core deposit and customer relationship intangibles

    4,504     8,061  

Deferred loan fees and costs

    76     154  

Unrealized gain on securities available-for-sale

    16,513     2,885  

FHLB stock and dividends

    7,709     7,709  

Unrealized income from FDIC-assisted acquisition

    35,427     41,261  
           

Gross deferred tax liabilities

    64,229     60,070  
           

Total net deferred tax asset

  $ 47,938   $ 74,334  
           

        Based upon our taxpaying history and estimates of taxable income over the years in which the items giving rise to the deferred tax assets are deductible, management believes it is more likely than not the Company will realize the benefits of these deductible differences.

        We adopted the provisions of ASC Topic 740, "Income Taxes," which relate to the accounting for uncertainty in income taxes recognized in an enterprise's financial statements on January 1, 2007. ASC Topic 740 prescribes a threshold and a measurement process for recognizing in the financial statements a tax position taken or expected to be taken in a tax return. ASC Topic 740 also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure and transition.

        Our evaluation of tax positions was performed for those tax years which remain open to audit. As of December 31, 2011, all the federal returns filed since 2008 and state returns filed since 2007 are subject to adjustment upon audit.

        The following table presents a reconciliation of unrecognized net tax benefit positions for the year ended December 31, 2011:

 
  Unrecognized
Tax
Benefit
Positions
 
 
  (In thousands)
 

Balance as of December 31, 2010

  $ 117  

Reductions due to lapse of statutes of limitations

    (117 )
       

Balance as of December 31, 2011

  $  
       

        While it is expected that the amount of unrecognized tax benefits may change in the next twelve months, the Company does not expect this change to have a material impact on the results of operations or the financial position of the Company. We may from time to time be assessed interest or penalties by taxing authorities, although any such assessments historically have been minimal and immaterial to our financial results. In the event we are assessed for interest and/or penalties, such amounts will be classified in the financial statements as income tax expense.