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Income Taxes
9 Months Ended
Sep. 30, 2011
Income Tax Disclosure [Abstract] 
Income Tax Disclosure [Text Block]
 
Note 11 – Income Taxes
 
In the third quarter of 2011, the Company recognized a current income tax recovery of $17 and a deferred income tax recovery of $399, decreasing the aggregate current income tax expense and increasing the deferred income tax recovery for the nine months ended September 30, 2011 to $223 and $259, respectively.  The net deferred income tax recovery for the year is primarily due to a change in the estimate of the tax effect of available tax loss carryforwards expected to be utilized.  The $2,488 net deferred income tax asset balance at September 30, 2011 reflects the tax benefit of available tax losses considered “more likely than not” to be utilized during the remainder of 2011 and first nine months of 2012.  The Company recognized a current income tax expense of $131 and a deferred income tax expense of $140 in the nine months ended September 30, 2010.
 
As at September 30, 2011, the unrecognized tax benefit determined pursuant to the Topic 740 of the ASC, Income Taxes, is $12,059.  There has been no change in the third quarter of 2011 in the estimate of the balance of unrecognized tax benefits previously determined.
 
In the unlikely event that these tax benefits are recognized in the future, there should be no impact on the Company’s effective tax rate, unless recognition occurs at a time when all of the Company’s historic tax loss carryforwards have been utilized and the associated valuation allowance against the Company’s deferred tax assets has been reversed.  In such circumstances, the amount recognized at that time should result in a reduction in the Company’s effective tax rate.
 
The Company’s policy is to recognize accrued interest and penalties related to unrecognized tax benefits in income tax expense.  Because the Company has tax loss carryforwards in excess of the unrecognized tax benefits, the Company did not accrue for interest and penalties related to unrecognized tax benefits either upon the initial derecognition of uncertain tax positions or in the current period.
 
It is possible that the total amount of the Company’s unrecognized tax benefits will significantly increase or decrease within the next 12 months.  These changes may be the result of future audits, the application of “change in ownership” rules leading to further restrictions in tax losses arising from changes in the capital structure of the Company and/or that of its parent company Counsel, reductions in available tax loss carryforwards through future merger, acquisition and/or disposition transactions, failure to continue a significant level of business activities, or other circumstances not known to management at this time. At this time, an estimate of the range of reasonably possible outcomes cannot be made.
 
The Company incurred annual tax losses from 1991 through 2005.  All loss taxation years remain open for audit pending the application of the respective tax losses against income in a subsequent taxation year.  In general, the statute of limitations expires three years from the date that a company files a tax return applying prior year tax loss carryforwards against income for tax purposes in the later year.  The Company applied historic tax loss carryforwards to offset debt forgiveness in 2006 and income for tax purposes in 2008 and in 2010, respectively.  The 2008 through 2010 taxation years remain open for audit.
 
The Company’s estimated remaining federal tax loss carryforwards at September 30, 2011 are comprised of approximately $54,500 of unrestricted net operating tax losses, $28,500 of restricted net operating tax losses subject to an annual usage restriction of $2,500 per annum until 2008 and $1,700 per annum thereafter, and $400 of unrestricted capital losses.  The unrestricted capital loss will expire at the end of 2011.
 
The Company is subject to state income tax in multiple jurisdictions. While the Company had net operating loss carryforwards for state income tax purposes in certain states where it previously conducted business, its available state tax loss carryforwards may differ substantially by jurisdiction and, in general, are subject to the same or similar restrictions as to expiry and usage described above.  In addition, in certain states the Company’s state tax loss carryforwards that were attributable to certain legacy businesses sold in prior years ceased to be available to the Company following their sale.  Therefore, it is possible that the Company may not have tax loss carryforwards available to shield future income which is attributable to a particular state from being subject to tax in that particular state. Accordingly, the Company records a provision for state taxes payable based on its estimated annual taxable income for state tax purposes.