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Liability for Income Taxes
9 Months Ended
Sep. 30, 2011
Liability for Income Taxes [Abstract] 
Liability for Income Taxes

5.       Liability for Income Taxes

In accordance with the provisions of Accounting Standards Codification 740, Income Taxes (“ASC 740”), we have an income tax liability of $560,000 and $3,041,000 as of September 30, 2011 and December 31, 2010, respectively. This ASC 740 liability, which includes $34,000 and $2,466,000 of accrued interest as of September 30, 2011 and December 31, 2010, respectively, is included as a component of “liability for income taxes and other,” on our consolidated balance sheets. If this liability were reversed, it would result in non-cash income and reduce our effective tax rate. Of this liability, $192,000 is expected to reverse in the third quarter of 2013 as a result of the expiration of the applicable statute of limitations. Interest expense related to the ASC 740 liability is included as a component of “interest and debt expense” on our consolidated statements of income. We recognized interest of $46,000 and $114,000 in the three months ended September 30, 2011 and 2010, respectively, and $129,000 and $337,000 in the nine months ended September 30, 2011 and 2010, respectively.

 

In the third quarter of 2011 and 2010, we recognized income of $2,561,000 and $5,113,000, respectively, from the reversal of a portion of the liability for income taxes as a result of the expiration of the applicable statute of limitations. Of these amounts, $2,561,000 and $1,951,000, respectively, was included as a reduction of “interest and debt expense” (portion previously recognized as interest expense), and $0 and $3,162,000, respectively, was included as a component of “income tax benefit” (portion previously recognized as income tax expense), on our consolidated statements of income.

 

As of September 30, 2011, Taxable REIT Subsidiary 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.