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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes
15. Income Taxes:
   
  The composition of deferred tax assets and liabilities and the related tax effects as of December 31, 2011 and 2010, are as follows (in thousands):

 

    2011     2010  
Deferred tax liabilities:                
Deferred policy acquisition costs   $ (8,193 )   $ (7,588 )
Net unrealized holding gain on investments     (5,047 )     (5,767 )
Agency relationship     (104 )     (113 )
Intangible assets     (7,738 )     (8,624 )
Fixed assets     (858 )     (669 )
Other     (400 )     (578 )
Total deferred tax liabilities     (22,340 )     (23,339 )
Deferred tax assets:                
Unearned premiums     8,864       8,082  
Amortization of non-compete agreements     536       595  
Pension liability     1,604       1,090  
Net operating loss carry-forward     1,070       889  
Unpaid loss and loss adjustment expense     7,699       6,434  
Goodwill     93       302  
Rent reserve     223       8  
Investment impairments     1,254       1,599  
Other     563       186  
Total deferred tax assets     21,906       19,185  
                 
Deferred federal income taxes, net   $ (434 )   $ (4,154 )

 

  

 

A reconciliation of the income tax provisions based on the statutory tax rate to the provision reflected in the consolidated financial statements for the years ended December 31, 2011, 2010 and 2009, is as follows (in thousands):

  

    2011     2010     2009  
Computed expected income tax (benefit) expense at statutory regulatory tax rate   $ (6,888 )   $ 2,892     $ 11,640  
Meals and entertainment     44       17       14  
Tax exempt interest     (1,835 )     (1,829 )     (2,157 )
Dividends received deduction     (99 )     (172 )     (253 )
State taxes (net of federal benefit)     84       299       159  
Valuation allowance     -       -       (1,213 )
Other     (222 )     (382 )     440  
Income tax (benefit) expense   $ (8,916 )   $ 825     $ 8,630  
                         
Current income tax (benefit) expense   $ (6,059 )   $ 1,843     $ 10,165  
Deferred tax benefit     (2,857 )     (1,018 )     (1,535 )
Income tax (benefit) expense   $ (8,916 )   $ 825     $ 8,630  

 

The deferred tax benefit of $2.9 million includes a benefit of $0.4 million for the reclass from other comprehensive income to operations for the tax benefit of the valuation allowance credit remaining in other comprehensive income after the valuation allowance was fully released in 2009. The tax benefit is reclassed to operations as the securities for which the original valuation allowance in other comprehensive income was established are sold.

 

The change in deferred federal income taxes, net is comprised of the following: a deferred tax benefit of $2.5 million, a decrease in net unrealized holding gain on investments recorded through accumulated other comprehensive income of $0.7 million, an increase in deferred tax assets acquired as part of the TBIC acquisition of $0.4 million, an increase in deferred tax liabilities related to the correction of an immaterial error on CYR intangibles as discussed in Note 1 of ($0.4) million and an increase in the deferred tax asset related to the minimum pension liability recorded through accumulated other comprehensive income of $0.5 million.

 

We have available, for federal income tax purposes, unused net operating loss of approximately $3.1 million at December 31, 2011. The losses were acquired as part of the HIC, HCM and TBIC acquisitions and may be used to offset future taxable income. Utilization of the losses is limited under Internal Revenue Code Section 382. The Internal Revenue Code has provided that effective with tax years beginning September 1997, the carry-back and carry-forward periods are 2 years and 20 years, respectively, with respect to newly generated operating losses. The net operating losses will expire, if unused, as follows (in thousands):

 

Year      
2021   $ 1,625  
2022     878  
2028     2  
2030     510  
2031     42  
    $ 3,057  

 

We are no longer subject to U.S. federal, state, local or non – U.S. income tax examinations by tax authorities for years prior to 2008.

 

The Company recognizes interest and penalties related to uncertain tax positions in income tax expense. There were no uncertain tax positions at December 31, 2011.