Entity information:
NOTE
9:
INCOME TAXES
 
The provision for income taxes for the years ended
December 31
is comprised of the following components:
 
(In thousands)   2017   2016   2015
             
Income taxes currently payable   $
38,732
    $
36,792
    $
19,301
 
Deferred income taxes    
23,251
     
9,832
     
13,599
 
                         
Provision for income taxes   $
61,983
    $
46,624
    $
32,900
 
 
The tax effects of temporary differences between the tax basis of assets and liabilities and their financial reporting amounts that give rise to deferred income tax assets and liabilities, and their approximate tax effects, are as follows as of
December 
31,
2017
and
2016:
 
(In thousands)   2017   2016
         
Deferred tax assets:                
Loans acquired   $
19,885
    $
7,986
 
Allowance for loan losses    
10,773
     
14,754
 
Valuation of foreclosed assets    
2,852
     
3,958
 
Tax NOLs from acquisition    
7,821
     
13,077
 
Deferred compensation payable    
2,433
     
2,785
 
Accrued equity and other compensation    
5,302
     
8,107
 
Acquired securities    
578
     
1,098
 
Unrealized loss on available-for-sale securities    
6,107
     
9,559
 
Other    
8,813
     
7,101
 
Gross deferred tax assets    
64,564
     
68,425
 
                 
Deferred tax liabilities:                
Goodwill and other intangible amortization    
(32,572
)    
(29,601
)
Accumulated depreciation    
(8,945
)    
(5,370
)
Other    
(4,413
)    
(5,877
)
Gross deferred tax liabilities    
(45,930
)    
(40,848
)
                 
Net deferred tax asset, included in other assets   $
18,634
    $
27,577
 
 
A reconciliation of income tax expense at the statutory rate to the Company's actual income tax expense is shown below for the years ended
December 31:
 
(In thousands)   2017   2016   2015
             
Computed at the statutory rate (35%)   $
54,223
    $
50,203
    $
37,543
 
Increase (decrease) in taxes resulting from:                        
State income taxes, net of federal tax benefit    
1,582
     
2,121
     
2,097
 
Discrete items related to ASU 2016-09    
(1,480
)    
--
     
--
 
Tax exempt interest income    
(5,135
)    
(5,112
)    
(5,432
)
Impact of DTA remeasurement    
11,471
     
--
     
--
 
Section 382 adjustment    
--
     
--
     
(2,293
)
Other differences, net    
1,322
     
(588
)    
985
 
                         
Actual tax provision   $
61,983
    $
46,624
    $
32,900
 
 
The Company follows ASC Topic
740,
Income Taxes
, which prescribes a recognition threshold and a measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return.  Benefits from tax positions should be recognized in the financial statements only when it is more likely than
not
that the tax position will be sustained upon examination by the appropriate taxing authority that would have full knowledge of all relevant information.  A tax position that meets the more-likely-than-
not
recognition threshold is measured at the largest amount of benefit that is greater than
fifty
percent likely of being realized upon ultimate settlement.  Tax positions that previously failed to meet the more-likely-than-
not
recognition threshold should be recognized in the
first
subsequent financial reporting period in which that threshold is met.  Previously recognized tax positions that
no
longer meet the more-likely-than-
not
recognition threshold should be derecognized in the
first
subsequent financial reporting period in which that threshold is
no
longer met.  ASC Topic
740
also provides guidance on the accounting for and disclosure of unrecognized tax benefits, interest and penalties. The Company has
no
history of expiring net operating loss carryforwards and is projecting significant pre-tax and financial taxable income in
2018
and in future years. The Company expects to fully realize its deferred tax assets in the future.
 
On
December 22, 2017,
the President signed tax reform legislation (the
“2017
Act”) which includes a broad range of tax reform proposals affecting businesses, including corporate tax rates, business deductions, and international tax provisions. The
2017
Act reduces the corporate tax rate from
35%
to
21%
for tax years beginning after
December 31, 2017.
Under US GAAP, deferred tax assets and liabilities are required to be measured at the enacted tax rate expected to apply when temporary differences are to be realized or settled and the effect of a change in tax law is recorded discretely as a component of the income tax provision related to continuing operations in the period of enactment. As a result, we were required to remeasure our deferred taxes as of
December 22, 2017
based upon the new
21%
tax rate and the change was recorded in the
2017
income tax provision. The result of the tax reform resulted in a
one
-time non-cash adjustment to income of
$11.5
million.
 
On
December 22, 2017,
the SEC issued Staff Accounting Bulletin
No.
118
(“SAB
118”
), which provides guidance on accounting for the tax effects of the
2017
Act.  SAB
118
provides a measurement period that should
not
extend beyond
one
year from the
2017
Act enactment date for companies to complete the accounting under ASC
740,
Income Taxes. As such, the company’s financial results reflect the income tax effects for the
2017
Act for which the accounting under ASC
740
is complete and provisional amounts for those specific income tax effects of the
2017
Act for which the accounting under ASC
740
is incomplete but a reasonable estimate could be determined.  The company did
not
identify items for which the income tax effects of the
2017
Act have
not
been completed and a reasonable estimate could
not
be determined as of
December 31, 2017.
The tax expense recorded in
2017
is a reasonable estimate based on published guidance available at this time and is considered provisional. The ultimate impact of the
2017
Act
may
differ from these estimates due to changes in interpretations and assumptions made by the Company, as well as additional regulatory guidance. Any adjustments will be reflected in the Company’s financial statements in future periods.
 
In
February 2018,
the Financial Accounting Standards Board (“FASB”) issued Accounting Standard Update (“ASU”)
No.
2018
-
02,
Income Statement-Reporting Comprehensive Income (Topic
220
)
(“ASU
2018
-
02”
), that allows a reclassification from accumulated other comprehensive income (“AOCI”) to retained earnings for stranded tax effects resulting from the
2017
Act. Current US GAAP requires the remeasurement of deferred tax assets and liabilities as a result of a change in tax laws or rates to be presented in net income from continuing operations. Consequently, the original deferred tax amount recorded through AOCI at the old rate will remain in AOCI despite the fact that its related deferred tax asset/liability will be reduced through continuing operations to reflect the new rate, resulting in “stranded” tax effects in AOCI. ASU
2018
-
02
requires a reclassification from AOCI to retained earnings for those stranded tax effects resulting from the newly enacted federal corporate income tax rate. As permitted, the Company elected to early adopt the provisions of ASU
2018
-
02
during the
fourth
quarter
2017,
which resulted in a reclassification from AOCI to retained earnings in the amount of
$3.0
million.
 
The amount of unrecognized tax benefits
may
increase or decrease in the future for various reasons including adding amounts for current tax year positions, expiration of open income tax returns due to the statutes of limitation, changes in management’s judgment about the level of uncertainty, status of examinations, litigation and legislative activity and the addition or elimination of uncertain tax positions.
 
Section
382
of the Internal Revenue Code imposes an annual limit on the ability of a corporation that undergoes an “ownership change” to use its U.S. net operating losses to reduce its tax liability. The Company closed a stock acquisition in
2015
that invoked the Section
382
annual limitation. Approximately
$35.6
million of federal net operating losses subject to the IRC Sec
382
annual limitation are expected to be utilized by the company. The net operating loss carryforwards expire between
2028
and
2035.
 
The Company files income tax returns in the U.S. federal jurisdiction.  The Company’s U.S. federal income tax returns are open and subject to examinations from the
2014
tax year and forward.  The Company’s various state income tax returns are generally open from the
2014
and later tax return years based on individual state statute of limitations.