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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes

NOTE 7 - Income Taxes

The income tax assets and liabilities included in Other Assets and Other Liabilities, respectively, in the Consolidated Balance Sheets as of December 31, 2011 and 2010 were as follows:

 

     December 31,  
    

  2011  

   

  2010  

 

Income tax (asset) liability

    

   Current

   $ (5,857   $ (19,321

   Deferred

     221,422       131,076  

Deferred tax assets and liabilities are recognized for all future tax consequences attributable to "temporary differences" between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases. There are no deferred tax liabilities that have not been recognized. The "temporary differences" that gave rise to the deferred tax balances as of December 31, 2011 and 2010 were as follows:

 

     December 31,  
     2011      2010  

Deferred tax assets

     

   Unearned premium reserve reduction

   $ 14,336      $ 14,292  

   Other comprehensive income – net funded status of pension and other postretirement
   benefit obligations

     8,798        7,083  

   Unutilized net operating loss carryforward

     8,394        112  

   Compensation accruals

     8,304        10,170  

   Impaired securities

     5,410        6,715  

   Discounting of unpaid claims and claim expenses tax reserves

     5,388        5,740  

   Postretirement benefits other than pension

     2,743        2,766  

   Other, net

     -         410  
  

 

 

    

 

 

 

  Total gross deferred tax assets

     53,373        47,288  
  

 

 

    

 

 

 

Deferred tax liabilities

     

   Other comprehensive income – net unrealized gains on fixed maturities and equity
   securities

     154,406        64,975  

   Deferred policy acquisition costs

     85,356        87,476  

   Life insurance future policy benefit reserve revaluation

     15,704        11,824  

   Investment related adjustments

     13,984        9,827  

   Intangible assets

     4,262        4,262  

   Other, net

     1,083        -   
  

 

 

    

 

 

 

  Total gross deferred tax liabilities

     274,795        178,364  
  

 

 

    

 

 

 

 Net deferred tax liability

   $ 221,422      $ 131,076  
  

 

 

    

 

 

 

The Company evaluated sources and character of income, including historical earnings, loss carryback potential, taxable income from future reversals of existing taxable temporary differences, future taxable income exclusive of reversing temporary differences, and taxable income from prudent and feasible tax-planning strategies. Although realization of deferred tax assets is not assured, the Company believes it is more-likely-than-not that gross deferred tax assets will be fully realized and that a valuation allowance with respect to the realization of the total gross deferred tax assets was not necessary as of December 31, 2011 and 2010.

At December 31, 2011, the Company had available the following loss carryforwards:

 

     Pretax
    Amount    
     Expiration Years  

Operating loss carryforwards

     $  23,982            2030 - 2031       

Charitable contributions carryforwards

     613            2013 - 2015       

 

The components of income tax expense were as follows:

 

     Year Ended December 31,  
     2011        2010        2009  

Current

   $ 18,211        $ 13,609        $ 11,025  

Deferred

     6,187          16,820          18,996  
  

 

 

      

 

 

      

 

 

 

Total income tax expense

   $ 24,398        $ 30,429        $ 30,021  
  

 

 

      

 

 

      

 

 

 

Income tax expense for the following periods differed from the expected tax computed by applying the federal corporate tax rate of 35% to income before income taxes as follows:

 

     Year Ended December 31,  
     2011      2010      2009  

Expected federal tax on income

   $ 33,207      $ 38,952      $ 36,228  

Add (deduct) tax effects of:

        

Tax-exempt interest

     (7,072      (7,034      (6,497

Dividend received deduction

     (2,010      (1,660      (1,173

Resolution of contingent tax liabilities

     -         (1,429      -   

Other, net

     273        1,600        1,463  
  

 

 

    

 

 

    

 

 

 

Income tax expense provided on income

   $ 24,398      $ 30,429      $ 30,021  
  

 

 

    

 

 

    

 

 

 

At December 31, 2011, the Company had federal income tax returns for the 2007 through 2011 tax years open and subject to adjustment upon examination by taxing authorities. In 2011, the Internal Revenue Service ("IRS") completed an examination of tax years through 2009 resulting in additional tax expense of $22.

In the second quarter of 2010, the IRS published guidance regarding Separate Account (variable annuity) dividend received deductions for life insurance companies in which they advised (1) they would concede appeals related to the issue and not raise the issue on audit unless the taxpayer changed its methodology for computing the deduction, and (2) any changes in law regarding this deduction would be effective prospectively. As a result, the Company believes this issue is no longer an uncertain tax position and recorded a reduction of $1,429 in the uncertain tax position liability related to the separate account dividend received deduction in 2010.

The Company recognizes tax benefits from tax return positions only if it is more likely than not the position will be sustainable, upon examination, on its technical merits and any relevant administrative practices or precedents. As a result, the Company applies a more-likely-than-not recognition threshold for all tax uncertainties.

The Company records liabilities for uncertain tax filing positions where it is more-likely-than-not that the position will not be sustainable upon audit by taxing authorities. These liabilities are reevaluated routinely and are adjusted appropriately based upon changes in facts or law. The Company has no unrecorded liabilities from uncertain tax filing positions.

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits, excluding interest and penalties, is as follows:

 

     Year Ended December 31,
       2011        2010  

Balance as of the beginning of the year

   $ 38     $   1,435 

Additions based on tax positions related to the current year

        -              - 

Settlements in tax positions for prior years

     (38)        (1,397)

Balance as of the end of the year

   $   -     $        38 

All of the liability for unrecognized tax benefits would affect the effective tax rate if recognized. There are no positions for which it is reasonably possible that the total amount of unrecognized tax benefits will significantly increase or decrease within the next 12 months.

The Company classifies all tax related interest and penalties as income tax expense. For the year ended December 31, 2011, the Company released previous provisions for interest and penalties resulting in a benefit of $279 ($181 net of tax benefits). For the years ended December 31, 2010 and 2009, the expense for interest and penalties was $27 ($16 net of tax benefits) and $94 ($62 net of tax benefits), respectively. The Company has recorded $3 and $284 in liabilities for tax related interest and penalties on its Consolidated Balance Sheets as of December 31, 2011 and 2010, respectively.