XML 41 R11.htm IDEA: XBRL DOCUMENT v2.4.0.8
Income Taxes
9 Months Ended
Sep. 30, 2014
Text Block [Abstract]  
Income Taxes

5. Income Taxes

We are calculating our effective income tax rate using a year-to-date income tax calculation, with the exception of one of our Puerto Rico subsidiaries for which we calculate the income tax expense based on our projected effective tax rate. Our income tax expense differs from the statutory federal tax rate of 35% and related statutory state tax rates, primarily due to the change in the valuation allowance on substantially all of our deferred tax assets with the exception of one of our Puerto Rico subsidiaries.

We file federal, state and local income tax returns in the United States and Puerto Rico. The tax years that remain subject to assessment of additional liabilities by the United States federal tax authorities are 2011 through 2013.   The tax years that remain subject to assessment of additional liabilities by state and local tax authorities are 2007 through 2013. The tax years that remain subject to assessment of additional liabilities by the Puerto Rico tax authority are 2010 through 2013.

We are subject to certain legal proceedings and claims that have arisen in the ordinary course of business and have not been fully adjudicated, including an ongoing audit by a State tax authority (the State) for the income tax years from December 31, 2007 through 2010. On a preliminary basis, the State has indicated that it will seek significant additional taxes for the periods under audit, although to date, we have not received a Notice of Deficiency, and therefore it is not possible to estimate a range of loss at this time.  Should the State prevail, additional amounts would likely be due for the years 2011 through 2014, plus interest for each of the years beginning with 2007.   We are unable to predict the impact of this audit on our financial position and results of operations at this time; however, we believe that it is “more likely than not” that our tax positions will be sustained and intend to contest their claims.

Based on our evaluation, we have concluded that there are no significant uncertain tax positions requiring recognition in our consolidated financial statements as of September 30, 2014 and December 31, 2013.