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INCOME TAXES
12 Months Ended
Dec. 31, 2012
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,  
 
  2012   2011   2010  
 
  (In thousands)
 

Current Income Taxes:

                   

Federal

  $ (24,177 ) $ (15,129 ) $ 7,912  

State

    (1,825 )   (9,562 )   (3,557 )
               

Total current income tax (expense) benefit

    (26,002 )   (24,691 )   4,355  
               

Deferred Income Taxes:

                   

Federal

    (2,550 )   (11,726 )   27,263  

State

    (8,143 )   (383 )   15,096  
               

Total deferred income tax (expense) benefit

    (10,693 )   (12,109 )   42,359  
               

Total income tax (expense) benefit

  $ (36,695 ) $ (36,800 ) $ 46,714  
               

        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,  
 
  2012   2011   2010  
 
  (In thousands)
 

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

  $ (32,724 ) $ (30,626 ) $ 38,056  

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

    (6,479 )   (6,464 )   7,500  

Tax-exempt interest

    1,847     406     37  

Increase in cash surrender value of life insurance

    442     504     486  

Tax credits

    1,313     556     523  

Other, net

    (1,094 )   (1,176 )   112  
               

Recorded income tax (expense) benefit

  $ (36,695 ) $ (36,800 ) $ 46,714  
               

        The Company had net income taxes receivable of $30.0 million and $14.6 million at December 31, 2012 and 2011, respectively, on its consolidated balance sheets.

        The Company had available at December 31, 2012, approximately $142,000 of unused federal net operating loss carryforwards that may be applied against future taxable income through 2022. The Company had available at December 31, 2012, approximately $6.2 million of unused state net operating loss carryforwards that may be applied against future taxable income through 2031. 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,  
 
  2012   2011  
 
  (In thousands)
 

Deferred Tax Assets:

             

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

  $ 31,602   $ 39,520  

Interest on nonaccrual loans

    473     641  

Deferred compensation

    3,727     3,999  

Net operating losses

    560     6,467  

Premises and equipment, principally due to differences in depreciation

    2,457     5,526  

OREO valuation allowance

    7,398     9,689  

Assets acquired in FDIC-assisted acquisition

    19,170     23,364  

State tax benefit

    247     3,311  

Accrued liabilities

    10,126     9,550  

Other

    10,374     5,336  

Goodwill

    3,846     4,764  
           

Gross deferred tax assets

    89,980     112,167  
           

Deferred Tax Liabilities:

             

Core deposit and customer relationship intangibles

    5,004     4,504  

Deferred loan fees and costs

    296     76  

Unrealized gain on securities available-for-sale

    23,824     16,513  

FHLB stock and dividends

    7,557     7,709  

Unrealized income from FDIC-assisted acquisition

    23,614     35,427  
           

Gross deferred tax liabilities

    60,295     64,229  
           

Total net deferred tax asset

  $ 29,685   $ 47,938  
           

        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.

        Our evaluation of tax positions was performed for those tax years which remain open to audit. As of December 31, 2012, all the federal returns filed since 2008 and state returns filed since 2008 are subject to adjustment upon audit.

        We had no unrecognized net tax benefit positions at December 31, 2012 and 2011, respectively. The unrecognized tax benefit of $117,000 at December 31, 2010 was reduced in 2011 due to lapse of statute. 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.