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Income taxes
12 Months Ended
Dec. 31, 2011
Income Tax Disclosure [Abstract]  
Income Tax Disclosure
Federal and state income taxes
The components of the income tax provision (benefit) are as follows:
 
 
Years Ended December 31,
 
 
2011
 
2010
 
2009
 
 
(Amounts in thousands)
Current:
 
 

 
 

 
 

Federal
 
$
(14,093
)
 
$
2,340

 
$
(4,908
)
State
 
9,825

 
7,795

 
10,322

Total current
 
(4,268
)
 
10,135

 
5,414

Deferred:
 
 

 
 

 
 

Federal
 
23,428

 
1,640

 
(4,193
)
State
 
7,388

 
(849
)
 
(3,927
)
Total deferred
 
30,816

 
791

 
(8,120
)
Tax benefit applied to reduce goodwill
 
1,204

 
1,204

 
1,204

Total
 
$
27,752

 
$
12,130

 
$
(1,502
)


The reconciliation of income tax at the federal statutory rate to the actual effective income tax rate is as follows:
 
 
Years Ended December 31,
 
 
2011
 
2010
 
2009
Federal statutory rate
 
35.0
 %
 
35.0
 %
 
35.0
 %
State income tax expense, net of federal benefit
 
40.1

 
19.7

 
(45.1
)
Change in uncertain tax provisions
 
0.4

 
0.2

 
32.2

Nondeductible expenses for tax purposes
 
6.8

 
6.8

 
(17.8
)
Tax credits
 
(2.0
)
 
(3.8
)
 
15.7

Other
 

 
0.5

 
4.3

 
 
80.3
 %
 
58.4
 %
 
24.3
 %

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred income taxes consisted of the following:
 
 
December 31,
 
 
2011
 
2010
 
 
(Amounts in thousands)
Deferred income tax assets:
 
 

 
 

Goodwill amortization
 
$
116,902

 
$
135,572

Net operating loss carryforwards
 
11,099

 
10,893

Deferred compensation
 
7,871

 
9,009

Accrued expenses
 
6,424

 
9,481

Stock-based compensation
 
16,444

 
13,961

Accrued vacation
 
2,109

 
2,242

Other
 
226

 
1,961

Total deferred income tax assets
 
161,075

 
183,119

Deferred income tax liabilities:
 
 

 
 

Property and equipment
 
(157,185
)
 
(148,335
)
Prepaid insurance
 
(1,489
)
 
(1,662
)
Other
 
(2,170
)
 

Total deferred income tax liabilities
 
(160,844
)
 
(149,997
)
Net deferred income tax assets
 
$
231

 
$
33,122


At December 31, 2011, the Company had available $250.8 million of state net operating loss carryforwards that relate to the Company’s Missouri properties and may be applied against future taxable income. The Company also had available $12.0 million of additional Colorado net operating losses that relate to the post-acquisition period for the Ameristar Black Hawk property. In general, the remaining unused federal and state net operating loss carryforwards will expire in 2020 through 2029. No valuation allowance has been provided against deferred income tax assets as the Company believes it is more likely than not that the deferred income tax assets are fully realizable because of the future reversal of existing taxable temporary differences, availability of tax strategies and future projected taxable income.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
 
 
Years Ended December 31,
 
 
2011
 
2010
 
 
(Amounts in thousands)
Balance at beginning of year
 
$
4,914

 
$
5,067

Increases for tax positions of the current year
 
551

 
564

Increases for tax positions of prior years
 
143

 

Decreases for tax positions of prior years
 
(34
)
 
(34
)
Lapses of applicable statutes of limitations
 
(557
)
 
(683
)
Balance at end of year
 
$
5,017

 
$
4,914


As of December 31, 2011 and 2010, the total amount of unrecognized benefits that would affect the effective tax rate if recognized was $1.7 million and $1.1 million, respectively.
Interest and penalties related to income taxes are classified as income tax expense in the financial statements. As of December 31, 2011, accrued interest and penalties totaled $0.8 million, of which $0.5 million would affect the effective tax rate if recognized. As of December 31, 2010, accrued interest and penalties totaled $0.7 million, of which $0.5 million would affect the effective tax rate if recognized.
The Company files income tax returns in numerous tax jurisdictions. The statutes of limitations vary by jurisdiction, with certain of these statutes expiring without examination each year. With the normal expiration of statutes of limitations, the Company anticipates that the amount of unrecognized tax benefits will decrease by $0.6 million within the next 12 months. With few exceptions, the Company is no longer subject to federal or state examinations by taxing authorities for years ended on or before December 31, 2006.
The Company’s federal income tax returns for the years ended December 31, 2006 through December 31, 2009 are under examination by the Internal Revenue Service (the “IRS”). In May 2011, the IRS issued a letter challenging the Company’s method of accounting for certain repair and maintenance expenses. The Company disagrees with the IRS determination and has submitted a protest and a request for an appeals conference to the IRS. In January 2012, an informal ruling was released by the IRS that agreed to the Company’s current method of accounting for a portion of expenses incurred for repairs of its gaming equipment. The remaining portion of repair expenses continues to be challenged by the IRS.
The Company believes it has adequately reserved for its uncertain tax positions; however, there is no assurance that the taxing authorities will not propose adjustments that are different from the Company’s expected outcome and impact the provision for income taxes.