Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes

Note 8 — Income Taxes

In accordance with the provisions of FASB ASC 740, the Company periodically reviews its income tax positions based on tax laws and regulations and financial reporting considerations, and records adjustments as appropriate. This review takes into consideration the status of current taxing authorities’ examinations of the Company’s tax returns, recent positions taken by the taxing authorities on similar transactions, if any, and the overall tax environment.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 

     Year Ended December 31,  
     2013      2012     2011  
     (In thousands)  

Unrecognized tax benefits at beginning of year

   $ 1,254       $ 1,281      $ 940   

Gross increases for tax positions of prior years

     —           14        515   

Lapse of statute of limitations

     —           (41     (174
  

 

 

    

 

 

   

 

 

 

Unrecognized tax benefits at end of year

   $ 1,254       $ 1,254      $ 1,281   
  

 

 

    

 

 

   

 

 

 

The total amount of unrecognized tax benefits that would affect our effective tax rate if recognized was $1.0 million as of December 31, 2013, 2012 and 2011.

For the year ended December 31, 2013, there was no addition in unrecognized tax benefit except increases in accrued interest. For the year ended December 31, 2012, unrecognized tax benefits decreased by $27,000 in connection with the tax position taken on expense related to prior business acquisition cost. For the year ended December 31, 2011, unrecognized tax benefits increased by $341,000 in connection with the tax position taken on expense related to non-qualified stock option and prior business acquisition costs.

In 2013, 2012 and 2011, the Company accrued interest of $45,000, $41,000 and $181,000 for uncertain tax benefits, respectively. As of December 31, 2013, 2012 and 2011, the total amounts of accrued interest related to uncertain tax positions, net of federal tax benefit, were $403,000, $360,000 and $319,000, respectively. We account for interest and penalties related to uncertain tax positions as part of our provision for federal and state income taxes. Accrued interest and penalties are included within the related tax liability line on the Consolidated Balance Sheets.

Unrecognized tax benefits primarily include state exposures from California Enterprise Zone interest deductions and income tax treatment for prior business acquisition costs, dividend income from FRB stock and expense related to non-qualified stock options. We believe that it is reasonably possible that certain remaining unrecognized tax positions, each of which are individually insignificant, may be recognized by the end of 2014 because of a lapse of the statute of limitations. We do not anticipate any material change in the total amount of unrecognized tax benefits to occur within the next twelve months.

As of December 31, 2013, the Company was subject to examination by various federal and state tax authorities for the years ended December 31, 2004 through 2012. As of December 31, 2013, the Company was subjected to audit or examination by Internal Revenue Service for the 2009 tax year and California FTB for the 2008 and 2009 tax years. Management does not anticipate any material changes in our financial statements due to the result of the audits.

 

A summary of the provision (benefit) for income taxes was as follows:

 

     Year Ended December 31,  
     2013      2012     2011  
     (In thousands)  

Current expense:

       

Federal

   $ 12,028       $ 4,993      $ 704   

State

     407         (19     29   
  

 

 

    

 

 

   

 

 

 

Total current expense

     12,435         4,974        733   
  

 

 

    

 

 

   

 

 

 

Deferred expense:

       

Federal

     8,235         (25,836     —     

State

     1,415         (26,506     —     
  

 

 

    

 

 

   

 

 

 

Total deferred expense

     9,650         (52,342     —     
  

 

 

    

 

 

   

 

 

 

Provision (benefit) for income taxes

   $ 22,085       $ (47,368   $ 733   
  

 

 

    

 

 

   

 

 

 

Deferred tax assets and liabilities were as follows:

 

     Year Ended December 31,  
     2013     2012     2011  
     (In thousands)  

Deferred tax assets:

      

Credit loss provision

   $ 27,607      $ 29,995      $ 42,712   

Depreciation

     1,180        1,253        1,240   

Net operating loss carryforward

     31,140        33,875        50,255   

Unrealized loss on securities available for sale, interest-only strips

     7,641        —          —     

Tax credit

     5,661        5,426        5,803   

State taxes

     —          —          91   

Other

     2,831        3,766        3,517   
  

 

 

   

 

 

   

 

 

 

Total deferred tax assets

     76,060        74,315        103,618   
  

 

 

   

 

 

   

 

 

 

Deferred tax liabilities:

      

Mark to market

     (10,112     (5,562     (14,820

Purchase accounting

     (3,083     (3,217     (3,119

Unrealized gain on securities available for sale, interest-only strips

     —          (3,096     (1,752

State taxes

     (8,848     (9,429     —     

Other

     (2,250     (2,013     (1,658
  

 

 

   

 

 

   

 

 

 

Total deferred tax liabilities

     (24,293     (23,317     (21,349
  

 

 

   

 

 

   

 

 

 

Valuation allowance

     —          —          (82,269
  

 

 

   

 

 

   

 

 

 

Net deferred tax assets

   $ 51,767      $ 50,998      $ —     
  

 

 

   

 

 

   

 

 

 

As of December 31, 2013, the Company’s net deferred tax assets were primarily the result of net operating loss carryforwards, allowance for loan losses and unrealized loss on securities available for sale. For the year ended December 31, 2012, the Company recorded a net valuation allowance release of $62.6 million based on management’s reassessment of the amount of its deferred tax assets that are more likely than not to be realized. A valuation allowance of $82.3 million was recorded against its gross deferred tax asset balance as of December 31, 2011.

As of each reporting date, management considers the realization of deferred tax assets based on management’s judgment of various future events and uncertainties, including the timing and amount of future income, as well as the implementation of various tax planning strategies to maximize realization of deferred tax assets. A valuation allowance is provided when it is more likely than not that some portion of deferred tax assets will not be realized. As of December 31, 2013, management determined that no valuation allowance for deferred tax assets is required, as management believes it is more likely than not that deferred tax assets will be realized principally through future reversals of existing taxable temporary differences. Management further believes that future taxable income will be sufficient to realize the benefits of temporary deductible differences that cannot be realized through carry-back to prior years or through the reversal of future temporary taxable differences.

As of December 31, 2013, the Company had net operating loss carryforwards of $31.2 million and $186.3 million for federal and state income tax purposes, respectively, which are available to offset future taxable income, if any, through 2031.

Reconciliation between the federal statutory income tax rate and the effective tax rate is shown in the following table:

 

     Year Ended December 31,  
     2013     2012     2011  

Federal statutory income tax rate

     35.00     35.00     35.00

State taxes, net of federal tax benefits

     4.37     0.03     0.00

Tax-exempt municipal securities

     -0.16     -0.32     -0.26

Tax credit—federal

     -1.41     -2.10     -2.97

Other

     -2.17     -2.16     -0.80

Valuation allowance

     0.00     140.59     28.50
  

 

 

   

 

 

   

 

 

 

Effective tax rate

     35.63     110.14     2.47