XML 126 R21.htm IDEA: XBRL DOCUMENT v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
The Company files a consolidated U.S. income tax return that includes its more than 80%-owned U.S. subsidiaries. The amounts provided for income taxes are as follows:

 
Year Ended December 31,
 
2013
 
2012
 
2011
Current:
 

 
 

 
 

U.S. Federal
$
20,808

 
$
24,246

 
$
30,458

State
3,521

 
6,185

 
8,313

 
$
24,329

 
$
30,431

 
$
38,771

Deferred:
 

 
 

 
 

U.S. Federal
$
596

 
$
(5,779
)
 
$
7,765

State
(130
)
 
(1,557
)
 
1,601

 
466

 
(7,336
)
 
9,366

Total
$
24,795

 
$
23,095

 
$
48,137



The tax effect of temporary differences which give rise to a significant portion of deferred tax assets and liabilities are as follows:

 
December 31, 2013
 
December 31, 2012
 
Deferred Tax
Assets
 
Deferred Tax
Liabilities
 
Deferred Tax
Assets
 
Deferred Tax
Liabilities
Excess of tax basis over book basis- non-consolidated entities
$
4,434

 
$
3,582

 
$
3,654

 
$

Employee benefit accruals
19,539

 
9,378

 
17,508

 
2,383

Book/tax differences on fixed and Intangible assets

 
48,086

 

 
45,439

Book/tax differences on inventory

 
19,213

 

 
18,165

Book/tax differences on long-term investments

 
30,898

 
1

 

Impact of accounting on convertible debt
9,202

 
44,823

 
16,306

 
56,346

Impact of timing of settlement payments
56,551

 

 
32,113

 
706

Various U.S. state tax loss carryforwards
10,010

 

 
10,854

 

Other
8,231

 
27,404

 
11,625

 
13,792

Valuation allowance
(6,014
)
 

 
(6,310
)
 

 
$
101,953

 
$
183,384

 
$
85,751

 
$
136,831



Vector Tobacco had tax effected state and local net operating loss carryforwards of $10,010 and $10,854, respectively at December 31, 2013 and 2012, expiring through tax year 2027. The Company provides a valuation allowance against deferred tax assets if, based on the weight of available evidence, it is more likely than not that some or all of the deferred tax assets will not be realized. The valuation allowance of $6,014 and $6,310 at December 31, 2013 and 2012, respectively, consisted primarily of a reserve against Vector Tobacco's state and local net operating loss carryforwards. The valuation allowance was reduced in 2013 and 2012, respectively, as a result of changes in estimates in Vector Tobacco's ability to utilize state tax net operating losses in future years because of changes in state tax apportionment and projected taxable income.
The consolidated balance sheets of the Company include deferred income tax assets and liabilities, which represent temporary differences in the application of accounting rules established by generally accepted accounting principles and income tax laws.
Deferred federal income tax expense differs in 2013, 2012 and 2011 as a result of reclassifications between current and deferred tax liabilities. The deferred tax expense in 2013 results primarily from the utilitization of state tax net operating losses. The deferred tax benefit in 2012 results primarily from the non-cash interest charges associated with the Company's convertible debt partially offset by the recognition of temporary differences (related to depreciation and amortization) at the Liggett and Vector Tobacco segments. The deferred tax expense in 2011 results from temporary differences related primarily to bonus depreciation for federal tax purposes at the Liggett segment.
Differences between the amounts provided for income taxes and amounts computed at the federal statutory tax rate are summarized as follows:

 
Year Ended December 31,
 
2013
 
2012
 
2011
Income before income taxes
$
63,487

 
$
53,717

 
$
123,157

Federal income tax expense at statutory rate
22,221

 
18,801

 
43,105

Increases (decreases) resulting from:
 
 
 

 
 

State income taxes, net of federal income tax benefits
2,204

 
3,009

 
6,444

Impact of non-controlling interest
88

 

 

Non-deductible expenses
2,698

 
3,311

 
1,974

Impact of domestic production deduction
(1,889
)
 
(2,026
)
 
(4,256
)
Tax credits
(433
)
 

 

Changes in valuation allowance, net of equity and tax audit adjustments
(94
)
 

 
870

Income tax expense
$
24,795

 
$
23,095

 
$
48,137


The following table summarizes the activity related to the unrecognized tax benefits:

Balance at January 1, 2011
$
6,768

Additions based on tax positions related to prior years
250

Expirations of the statute of limitations
(421
)
Balance at December 31, 2011
6,597

Additions based on tax positions related to prior years
588

Expirations of the statute of limitations
(916
)
Balance at December 31, 2012
6,269

Additions based on tax positions related to prior years
179

Settlements
(250
)
Expirations of the statute of limitations
(3,076
)
Balance at December 31, 2013
$
3,122


In the event the unrecognized tax benefits of $3,122 and $6,269 at December 31, 2013 and 2012, respectively, were recognized, such recognition would impact the annual effective tax rates. During 2013, the accrual for potential penalties and interest related to these unrecognized tax benefits was decreased by $877, and in total, as of December 31, 2013, a liability for potential penalties and interest of $776 has been recorded. During 2012, the accrual for potential penalties and interest related to these unrecognized tax benefits was increased by $149, and in total, as of December 31, 2012, a liability for potential penalties and interest of $1,653 has been recorded.
It is reasonably possible the Company may recognize up to approximately $2,027 of currently unrecognized tax benefits over the next 12 months, pertaining primarily to expiration of statutes of limitations of positions reported on state and local income tax returns. The Company files U.S. and state and local income tax returns in jurisdictions with varying statutes of limitations.
In 2013, the Internal Revenue Service concluded an audit of the Company’s income tax return for the year ended December 31, 2009. There was no material impact on the Company’s consolidated financial statements as a result of the audit.