INCOME TAXES

Components of the provision for income taxes are as follows (in thousands):



	2013			2012			2011
Current provision:
Federal	$	22,727		$	21,103		$	16,918
State and local	2,462			2,351			3,423
Foreign	—			(38		)	(149		)
	25,189			23,416			20,192
Deferred:
Federal	5,788			8,292			12,798
State and local	(504		)	1,367			1,299
	5,284			9,659			14,097
	$	30,473		$	33,075		$	34,289

The Company’s income tax expense is different from the amount computed by applying the federal statutory income tax rate to income before taxes as follows (in thousands):



	2013			2012			2011
Federal statutory tax on earnings before income taxes	$	29,928		$	31,929		$	33,280
State income taxes, net of federal income tax benefit	1,514			2,185			3,283
Non-deductible lobbying and contributions	723			946			517
Tax credits and incentives	(663		)	(494		)	(775		)
Tax adjustments	(174		)	(1,093		)	(434		)
Accruals and settlements related to tax audits	(395		)	(686		)	(426		)
Valuation allowance	(220		)	—			105
Change in effective state tax rates	(383		)	197			(714		)
Other permanent differences	143			91			(547		)
	$	30,473		$	33,075		$	34,289

During 2003, the Company entered into a Tax Increment Financing (“TIF”) Agreement with the Commonwealth of Kentucky. Pursuant to this agreement, the Company is entitled to receive reimbursement for 80% of the increase in Kentucky income and sales tax resulting from its 2005 renovation of the Churchill facility. During 2011, the Company resolved uncertainties with the Commonwealth of Kentucky related to the computation of the tax increase and the Company recognized a $3.1 million reduction of its operating expenses related to the years 2005 through 2011. In addition, the Company recognized a $0.8 million reduction in its income tax expense, net of federal taxes, related to the years 2005 through 2011. During 2012, the Company recognized an additional $0.7 million reduction to its operating expenses and $0.5 million reduction to its income tax expense, net of federal taxes, from the Commonwealth of Kentucky. During 2013, the Company recognized an additional $0.7 million reduction to its operating expenses and $0.2 million reduction to its income tax expense, net of federal taxes, from the Commonwealth of Kentucky. As of December 31, 2013, the Company has received $4.4 million of combined benefits and established a sales tax receivable of $1.2 million and an income tax receivable of $1.0 million related to the reimbursement.

For the year ended December 31, 2011, the Company received a refund of $8.5 million related to the overpayment of its 2010 federal income taxes and a refund of $1.9 million related to an amended prior year federal income tax return that served to adjust state lobbying expense deductions.

Components of the Company’s deferred tax assets and liabilities are as follows (in thousands):



	2013			2012
Deferred tax assets:
Deferred compensation plans	$	14,271		$	12,022
Deferred income	6,328			8,396
Allowance for uncollectible receivables	1,295			281
Deferred liabilities	3,574			4,239
Net operating losses and credit carryforward	19,186			20,749
Deferred tax assets	44,654			45,687
Valuation allowance	(1,213		)	(1,334		)
Net deferred tax asset	43,441			44,353
Deferred tax liabilities:
Intangible assets in excess of tax basis	22,749			18,725
Property and equipment in excess of tax basis	40,135			40,175
Other	2,246			1,874
Deferred tax liabilities	65,130			60,774
Net deferred tax liability	$	(21,689	)	$	(16,421	)
Income taxes are classified in the balance sheet as follows:
Net current deferred tax asset	$	8,927		$	8,227
Net non-current deferred tax liability	(30,616		)	(24,648		)
	$	(21,689	)	$	(16,421	)

As of December 31, 2013, the Company had federal net operating losses of $13.8 million, which were acquired in conjunction with the acquisition of Youbet.com. The utilization of these losses, which expire between 2019 and 2030, is limited on an annual basis pursuant to IRC § 382. The Company believes that it will be able to fully utilize all of these losses. In addition, the Company has $4.3 million of state net operating losses; $1.9 million of this loss carryforward was acquired in conjunction with the acquisition of Youbet.com. These losses, which expire between 2015 and 2030, may be subject to annual limitations similar to IRC § 382. The Company has recorded a valuation allowance of $0.9 million against the state net operating losses due to the fact that it is unlikely that it will generate income in certain states, which is necessary to utilize the assets.

The changes in the valuation allowance for deferred tax assets for the years ended December 31, 2013 and 2012 are as follows (in thousands):



	2013			2012
Balance at beginning of the year	$	1,334		$	1,487
Charged to costs and expenses	168			—
Charged to other accounts	—			33
Deductions	(289		)	(186		)
Balance at end of the year	$	1,213		$	1,334

The IRS has audited the Company through 2011. Subsequent years are open to examination. State and local tax years open for examination vary by jurisdiction. As of December 31, 2013, the Company had approximately $0.6 million of total gross unrecognized tax benefits, excluding interest. If these benefits were recognized, there would be a $0.5 million effect to the annual effective tax rate. The company anticipates a decrease in its unrecognized tax positions of approximately $0.1 million during the next twelve months. This anticipated decrease is primarily due to the expiration of statutes of limitations.

During October 2012, the Company funded a $2.9 million income tax payment to the State of Illinois related to a dispute over state income tax apportionment methodology which has been recorded as an other asset as of December 31, 2012. The Company filed its state income tax returns related to the years 2002 through 2005 following the methodology prescribed by Illinois statute, however the State of Illinois has taken a contrary tax position. The Company filed a formal protest with the State of Illinois during the fourth quarter of 2012. The Company does not expect this issue to have a material adverse effect on its business, financial condition or results of operations. See Note 18 for further discussion of this matter.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):



	2013			2012			2011
Balance as of January 1	$	8,565		$	2,109		$	2,926
Additions for tax positions related to the current year	190			—			—
Additions for tax positions of prior years	207			7,390			—
Reductions for tax positions of prior years	(8,380		)	(934		)	(817		)
Balance as of December 31	$	582		$	8,565		$	2,109

The decrease in the uncertain tax position in 2013 was due to an IRS settlement related to the timing of the taxation of receipts from the HRE Trust Fund and the expiration of statute of limitations related to various tax positions. The Company recognizes interest accrued related to unrecognized tax benefits in income tax expense and penalties in selling, general and administrative expenses in the Consolidated Statements of Comprehensive Income. The Company accrued less than $0.2 million of interest for each of the years ended December 31, 2013 and 2012.