| INCOME TAXES |
(14)
INCOME TAXES
Total income tax expense was allocated for the fiscal 2012, 2011
and 2010, as follows:
| |
|
2012 |
|
|
2011 |
|
|
2010 |
|
| Income tax (benefit)
expense |
|
$ |
(1,429,921 |
) |
|
$ |
12,786,633 |
|
|
$ |
17,197,268 |
|
Income tax expense was made up of the following components at
February 29, 2012, and February 28, 2011 and 2010:
| |
|
2012 |
|
|
2011 |
|
|
2010 |
|
| Current tax (benefit)
expense |
|
$ |
(2,183,238 |
) |
|
$ |
13,308,907 |
|
|
$ |
17,419,140 |
|
| Deferred tax
expense (benefit) |
|
|
753,317 |
|
|
|
(522,274 |
) |
|
|
(221,872 |
) |
| Total income
tax expense |
|
$ |
(1,429,921 |
) |
|
$ |
12,786,633 |
|
|
$ |
17,197,268 |
|
Income tax expense differed from amounts computed by applying the
Federal income tax rate to pre-tax earnings for fiscal 2012, 2011
and 2010, as a result of the following:
| |
|
2012 |
|
|
2011 |
|
|
2010 |
|
| United States statutory
rate |
|
|
35.0 |
% |
|
|
35.0 |
% |
|
|
35.0 |
% |
| State income taxes |
|
|
(1.1 |
)% |
|
|
0.1 |
% |
|
|
3.0 |
% |
| Permanent differences |
|
|
(2.5 |
)% |
|
|
0.3 |
% |
|
|
0.3 |
% |
| Valuation
allowance |
|
|
- |
|
|
|
(0.1 |
)% |
|
|
1.4 |
% |
| Combined
effective tax rate |
|
|
31.4 |
% |
|
|
35.3 |
% |
|
|
39.7 |
% |
The tax effects of temporary differences that gave rise to
significant portions of the deferred tax assets and deferred tax
liabilities were as follows:
| |
|
Feb. 29, 2012 |
|
|
Feb. 28, 2011 |
|
| Deferred tax
assets: |
|
|
|
|
|
|
|
|
|
Policy impairments |
|
$ |
3,706,127 |
|
|
$ |
3,737,353 |
|
| Premium advances
allowance |
|
|
1,331,477 |
|
|
|
1,130,218 |
|
| Deferred policy
monitoring fees |
|
|
980,597 |
|
|
|
1,112,651 |
|
| Investment in
securities |
|
|
672,115 |
|
|
|
611,298 |
|
| Charitable
contributions |
|
|
176,199 |
|
|
|
- |
|
| Contingency
costs |
|
|
146,752 |
|
|
|
98,514 |
|
| Compensated
absences |
|
|
40,932 |
|
|
|
40,095 |
|
| State taxes |
|
|
27,188 |
|
|
|
148,455 |
|
| Unrealized
revenues and brokerage fees |
|
|
- |
|
|
|
998,716 |
|
|
Unrealized loss on marketable securities |
|
|
- |
|
|
|
48,414 |
|
| |
|
|
7,081,387 |
|
|
|
7,925,714 |
|
|
Valuation allowance |
|
|
(643,403 |
) |
|
|
(582,587 |
) |
| Net deferred tax
assets |
|
|
6,437,984 |
|
|
|
7,343,127 |
|
| |
|
|
|
|
|
|
|
|
| Deferred tax
liabilities: |
|
|
|
|
|
|
|
|
| Settlement
costs |
|
|
(861,080 |
) |
|
|
(945,259 |
) |
| Depreciation |
|
|
(140,860 |
) |
|
|
(185,905 |
) |
| Prepaid
expenses |
|
|
(43,750 |
) |
|
|
(17,938 |
) |
| Loss
on investment in trust |
|
|
(13,340 |
) |
|
|
(13,340 |
) |
| Net
deferred tax liabilities |
|
|
(1,059,030 |
) |
|
|
(1,162,442 |
) |
|
Total deferred tax asset, net |
|
$ |
5,378,954 |
|
|
$ |
6,180,685 |
|
| |
|
|
|
|
|
|
|
|
| Summary of deferred
tax assets: |
|
|
|
|
|
|
|
|
| Current |
|
$ |
1,327,918 |
|
|
$ |
1,312,215 |
|
|
Non-current |
|
|
4,051,036 |
|
|
|
4,868,470 |
|
|
Total deferred tax asset, net |
|
$ |
5,378,954 |
|
|
$ |
6,180,685 |
|
In fiscal 2010, we recorded a valuation allowance of $611,298 for
capital losses resulting from other-than-temporary impairments.
This amount represents capital losses that we were not able to
deduct until we had corresponding capital gains to apply the losses
against. In fiscal 2011, we had capital gains of $82,031. This
reduced the valuation allowance to $582,587 at February 28,
2011. In fiscal 2012, we had capital losses of $173,760 that we
were not able to deduct until we had corresponding capital gains,
against which to apply the losses. This increased the valuation
allowance to $643,403 at February 29, 2012.
With few exceptions, we are no longer subject to Federal, state or
local examinations by tax authorities for fiscal years 2007 and
prior.
Accounting for Uncertainty in Income Taxes. In
June 2006, the FASB issued guidance contained in ASC 740,
Income Taxes (formerly FIN 48). The guidance is
intended to clarify the accounting for uncertainty in income taxes
recognized in a company’s financial statements and prescribes
the recognition and measurement of a tax position taken or expected
to be taken in a tax return. ASC 740 also provides guidance on
de-recognition, classification, interest and penalties, accounting
in interim periods, disclosure and transition.
Under ASC 740, evaluation of a tax position is a two-step
process. The first step is to determine whether it is more likely
than not that a tax position will be sustained upon examination,
including the resolution of any related appeals or litigation based
on the technical merits of that position. The second step is to
measure a tax position that meets the more-likely-than-not
threshold to determine the amount of benefit to be recognized in
the financial statements. A tax position is measured at the largest
amount of benefit that is greater than 50% likely of being realized
upon ultimate settlement.
At February 29, 2012, we determined that it is more likely
than not that we will be assessed additional Texas Margin Tax for
non-deductibility of certain payments in past and current periods
included in our calculation of the Texas Margin Tax taxable basis.
At February 29, 2012, and February 28, 2011, the amount
accrued for this uncertain tax position was $123,374.
|