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Liability for Income Taxes
12 Months Ended
Dec. 31, 2011
Accrued Income Taxes [Abstract]  
Liability for Income Taxes [Text Block]

5.       LIABILITY FOR INCOME TAXES

In accordance with the provisions of ASC 740, Income Taxes, we have an income tax liability of $567,000 and $3,041,000 as of December 31, 2011 and 2010, respectively, which is included as a component of “other liabilities,” on our consolidated balance sheets. If this liability were reversed, it would result in non-cash income and reduce our effective tax rate. Interest expense related to this liability is included as a component of “interest and debt expense” on our consolidated statements of income and aggregated $136,000, $376,000 and $1,807,000 in the years ended December 31, 2011, 2010 and 2009, respectively.

 

 (Amounts in thousands)Amount  
 Balance at January 1, 2010$ 7,450  
      
 Additions based on tax positions related to the current year  328  
 Additions for tax positions of prior years  376  
 Reduction for tax positions of prior years  (5,113)  
 Settlements & other, net  -  
 Balance at December 31, 2010  3,041  
      
 Additions based on tax positions related to the current year  -  
 Additions for tax positions of prior years  136  
 Reduction for tax positions of prior years  (2,561)  
 Settlements & other, net  (49)  
 Balance at December 31, 2011$ 567  

In 2011 and 2010, we reversed $2,561,000 and $5,113,000, respectively, of liabilities related to income taxes as a result of the expiration of the applicable statute of limitations. Accordingly, we recognized income in 2011 and 2010, of which $0 and $3,162,000, respectively, were included as a component of “income tax benefit” (portion previously recognized as income tax expense) and $2,561,000 and $1,951,000, respectively, were included as a reduction of “interest and debt expense” (portion previously recognized as interest expense) on our consolidated statements of income.

 

As of December 31, 2011, Taxable REIT Subsidiary (“TRS”) tax returns for the years 2005 through 2010 and REIT tax returns for the years 2008 through 2010 remain open to examination by the major taxing jurisdictions to which we are subject.