(14) Income Taxes

On December 22, 2017, H.R.1, commonly known as the Tax Cuts and Jobs Act (the “Act”), was signed into law. Among other things, the Act reduces our corporate federal tax rate from 34% to 21% effective January 1, 2018. As a result, we are required to re-measure, through income tax expense, our deferred tax assets and liabilities using the enacted rate at which we expect them to be recovered or settled. The re-measurement of our net deferred tax asset resulted in additional income tax benefit of $352,000.

At December 31, 2017, the company early adopted ASU 2018-02 and reclassified out of accumulated other comprehensive income and into retained earnings $67,000 of tax benefit that was recorded to income tax expense at December 22, 2017 due to re-measuring the tax rate on deferred taxes to 21% on available for sale securities.

Income tax expense attributable to income from operations consisted of the following:

The reasons for the difference between actual income tax expense (benefit) and expected income tax expense attributable to income from operations at the 34% statutory federal income tax rate were as follows:

The tax effects of temporary differences that give rise to the significant portions of the deferred tax assets and liabilities at the following dates were as follows:

The federal alternative minimum tax credit carry forward does not expire and totaled $2.4 million and $192,000 as of December 31, 2017 and 2016, respectively. The Company has Kansas corporate net operating loss carry forwards totaling $9.1 million and $10.0 million as of December 31, 2017 and 2016, respectively, which expire between 2018 and 2027. The Company has recorded a valuation allowance against the Kansas corporate net operating loss carry forwards. A valuation allowance related to the remaining deferred tax assets has not been provided because management believes it is more likely than not that the results of future operations will generate sufficient taxable income to realize the deferred tax assets at December 31, 2017.

Retained earnings at December 31, 2017 and 2016 include approximately $6.3 million for which no provision for federal income tax had been made. This amount represents allocations of income to bad debt deductions in years prior to 1988 for tax purposes only. Reduction of amounts allocated for purposes other than tax bad debt losses will create income for tax purposes only, which will be subject to the then current corporate income tax rate.

The Company has unrecognized tax benefits representing tax positions for which a liability has been established. A reconciliation of the beginning and ending amount of the liability relating to unrecognized tax benefits is as follows:

Tax years that remain open and subject to audit include the years 2014 through 2017 for both federal and state tax purposes. The Company recognized $344,000 and $316,000 of previously unrecognized tax benefits during 2017 and 2016, respectively. The gross unrecognized tax benefits of $1.5 million at December 31, 2017 and $1.8 million at December 31, 2016, respectively, would favorably impact the effective tax rate by $1.2 million if recognized. During 2017, 2016 and 2015, the Company recorded $30,000, $84,000 and $55,000 respectively, of income tax expense associated with interest and penalties. As of December 31, 2017 and 2016, the Company has accrued interest and penalties related to the unrecognized tax benefits of $450,000 and $420,000, respectively which are not included in the table above. The Company believes that it is reasonably possible that a reduction in gross unrecognized tax benefits of up to $495,000 is possible during the next 12 months as a result of the lapse of the statute of limitations.