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Note 12 - Federal and State Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]

Note 12.     Federal and State Income Taxes


Federal and state income tax expense was comprised of the following components for the years ended December 31, 2013, 2012, and 2011:


   

2013

   

2012

   

2011

 
                         

Current

  $ 5,639,933     $ 2,232,183     $ 195,135  

Deferred

    (1,021,991 )     2,302,418       3,673,064  
    $ 4,617,942     $ 4,534,601     $ 3,868,199  

A reconciliation of the expected federal income tax expense to the income tax expense included in the consolidated statements of income was as follows for the years ended December 31, 2013, 2012, and 2011:


   

Years Ended December 31,

 
   

2013

   

2012

   

2011

 
   

Amount

   

% of

Pretax

Income

   

Amount

   

% of

Pretax

Income

   

Amount

   

% of

Pretax

Income

 
                                                 

Computed "expected" tax expense

  $ 6,844,665       35.0   $ 6,174,295       35.0   $ 4,899,324       35.0

Effect of graduated tax rates interest

    (123,868 )     (0.6 )     (20,775 )     (0.1 )     (139,981 )     (1.0 )

Tax exempt income, net

    (1,790,049 )     (9.2 )     (1,243,660 )     (7.0 )     (692,742 )     (4.9 )

Bank-owned life insurance

    (624,847 )     (3.2 )     (544,292 )     (3.1 )     (490,491 )     (3.5 )

State income taxes, net of federal benefit, current year

    758,695       3.9       730,865       4.1       533,250       3.8  

Change in unrecognized tax benefits

    37,180       0.2       (149,183 )     (0.8 )     2,074       -  

Acquisition costs

    248,952       1.3       -       -       -       -  

Noncontrolling interests

    -       -       (166,081 )     (0.9 )     (148,995 )     (1.1 )

Other

    (732,786 )     (3.8 )     (246,568 )     (1.5 )     (94,240 )     (0.7 )
    $ 4,617,942       23.6   $ 4,534,601       25.7   $ 3,868,199       27.6

Changes in the unrecognized tax benefits included in other liabilities are as follows for the years ended December 31, 2013 and 2012:


   

2013

   

2012

 
                 

Balance, beginning

  $ 994,078     $ 1,148,549  

Impact of tax positions taken during current year

    288,016       202,341  

Gross increase related to tax positions of prior years

    16,939       21,781  

Reduction as a result of a lapse of the applicable statute of limitations

    (241,014 )     (378,593 )

Balance, ending

  $ 1,058,019     $ 994,078  

Included in the unrecognized tax benefits liability at December 31, 2013 are potential benefits of approximately $742,000 that, if recognized, would affect the effective tax rate.


The liability for unrecognized tax benefits includes accrued interest for tax positions, which either do not meet the more-likely-than-not recognition threshold or where the tax benefit is measured at an amount less than the tax benefit claimed or expected to be claimed on an income tax return. At December 31, 2013 and 2012, accrued interest on uncertain tax positions was approximately $316,000 and $302,000, respectively. Estimated interest related to the underpayment of income taxes is classified as a component of “income taxes” in the statements of income.


The Company’s federal income tax returns are open and subject to examination from the 2010 tax return year and forward. Various state franchise and income tax returns are generally open from the 2009 and later tax return years based on individual state statute of limitations.


The net deferred tax assets (liabilities) included with other assets on the consolidated balance sheets consisted of the following as of December 31, 2013 and 2012:


   

2013

   

2012

 

Deferred tax assets:

               

Alternative minimum tax credits

  $ 3,936,226     $ 2,717,333  

New markets tax credits

    1,500,000       1,000,000  

Net unrealized losses on securities available for sale

    8,468,118       -  

Compensation

    7,056,579       5,748,551  

Loan/lease losses

    6,890,532       6,041,379  

Net operating loss carryforwards, federal and state

    2,914,140       897,910  

Deferred loan origination fees, net

    143,949       299,670  

Other

    410,640       469,673  
      31,320,184       17,174,516  

Deferred tax liabilities:

               

Net unrealized gains on securities available for sale

    -       2,905,784  

Premises and equipment

    1,575,582       1,601,682  

Equipment financing leases

    23,191,514       20,013,576  

Acquisition fair value adjustments

    1,319,981       -  

Investment accretion

    45,463       45,363  

Other

    551,080       367,440  
      26,683,620       24,933,845  

Net deferred tax asset (liability)

  $ 4,636,564     $ (7,759,329 )

At December 31, 2013, the Company had $6,949,939 of federal net operating loss carryforwards, of which $4,289,818 expires in 2029, $1,188,424 expires in 2030, $471,018 expires in 2031, $226,883 expires in 2032, and $773,797 expires in 2033. At December 31, 2013, the Company had $9,590,393 of state net operating loss carryforwards which are set to expire in varying amounts annually beginning in 2017 and ending in 2029.


The change in deferred income taxes was reflected in the consolidated financial statements as follows for the years ended December 31, 2013, 2012, and 2011:


   

2013

   

2012

   

2011

 
                         

Provision for income taxes

  $ (1,021,991 )   $ 2,302,418     $ 3,673,064  

Statement of stockholders' equity- accumulated other comprehensive income (loss), unrealized gains (losses) on securities available for sale, net

    (11,373,902 )     (35,008 )     2,510,006  
    $ (12,395,893 )   $ 2,267,410     $ 6,183,070