Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.6
Income Taxes
12 Months Ended
Nov. 30, 2012
Income Taxes [Abstract]  
Income Taxes

5. Income Taxes

Deferred income taxes reflect the net tax effect of temporary differences between the carrying amount of assets and liabilities for financial reporting and tax purposes. Components of the Company’s deferred tax assets and liabilities as of November 30, 2012 and November 30, 2011 are as follows:

 

                 

Description

  November 30,
2012
    November 30,
2011
 

Deferred Tax Assets:

               

Organization costs

  $ (17,668   $ (20,068

Net operating loss carryforwards

    (6,411,230     (2,624,525

Cost recovery of leased assets

    (36,443     (119,970

Asset acquisition costs

    (134,415     —    

AMT and State of Kansas credit

    (196,197     (205,039
   

 

 

   

 

 

 

Sub-total

  $ (6,795,953   $ (2,969,602
   

 

 

   

 

 

 

Deferred Tax Liabilities:

               

Basis reduction of investment in partnerships

  $ 11,655,817     $ 2,244,914  

Net unrealized gain on investment securities

    2,312,269       697,152  
   

 

 

   

 

 

 

Sub-total

  $ 13,968,086     $ 2,942,066  
   

 

 

   

 

 

 

Total net deferred tax liability (asset)

  $ 7,172,133     $ (27,536
   

 

 

   

 

 

 

At November 30, 2012, a valuation allowance on deferred tax assets was not deemed necessary because the Company believes it is more likely than not that there is an ability to realize its deferred tax assets through future taxable income. Any adjustments to the Company’s estimates of future taxable income will be made in the period such determination is made. The Company recognizes the tax benefits of uncertain tax positions only when the position is “more likely than not” to be sustained upon examination by the tax authorities based on the technical merits of the tax position. The Company’s policy is to record interest and penalties on uncertain tax positions as part of tax expense. As of November 30, 2012, the Company had no uncertain tax positions and no penalties and interest were accrued. The Company does not expect any change to its unrecognized tax positions in the twelve months subsequent to November 30, 2012. Tax years subsequent to the year ending November 30, 2006 remain open to examination by federal and state tax authorities.

Total income tax expense differs from the amount computed by applying the federal statutory income tax rates of 35 percent for the years ended November 30, 2012 and 2011 and 34 percent for the year ended November 30, 2010 to gain (loss) from operations and other income for the years presented , as follows:

 

 

                         
    For the Years Ended  

Description

  November 30,
2012
    November 30,
2011
    November 30,
2010
 

Application of statutory income tax rate

  $ 6,852,179     $ 1,331,750     $ 6,609,437  

State income taxes, net of federal tax benefit

    442,455       133,158       353,799  

Dividends received deduction

    (1,221     (86     —    

Change in deferred tax liability due to change in overall tax rate

    (64,479     (23,432     288,968  

Change in deferred tax valuation allowance

    —         (558,533     (2,479,556
   

 

 

   

 

 

   

 

 

 

Total income tax expense

  $ 7,228,934     $ 882,857     $ 4,772,648  
   

 

 

   

 

 

   

 

 

 

Total income taxes are computed by applying the federal statutory rate plus a blended state income tax rate. During the year, the Company re-evaluated its overall federal and state income tax rate, decreasing it from 37.62 percent to 37.26 percent, due to anticipated state apportionment of income and gains.

The components of income tax expense include the following for the years presented:

 

                         
    For the Years Ended  

Description

  November 30,
2012
    November 30,
2011
    November 30,
2010
 

Current tax expense

                       

AMT expense (benefit)

  $ (8,842   $ 200,000     $ —    

State (reflects a federal tax benefit in deferred tax expense)

    38,107       53,650       —    
   

 

 

   

 

 

   

 

 

 

Total current tax expense

  $ 29,265     $ 253,650     $ —     
   

 

 

   

 

 

   

 

 

 

Deferred tax expense

                       

Federal

  $ 6,762,974     $ 585,386     $ 4,530,152  

State (net of federal tax benefit)

    436,695       43,821       242,496  
   

 

 

   

 

 

   

 

 

 

Total deferred tax expense

  $ 7,199,669     $ 629,207     $ 4,772,648  
   

 

 

   

 

 

   

 

 

 

Total income tax expense

  $ 7,228,934     $ 882,857     $ 4,772,648  
   

 

 

   

 

 

   

 

 

 

The deferred income tax expense for the years ended November 30, 2011 and 2010 includes the impact of the change in valuation allowance for such respective years.

As of November 30, 2012, the Company had a net operating loss for federal income tax purposes of approximately $17,234,000. The net operating loss may be carried forward for 20 years. If not utilized, this net operating loss will expire as follows: $8,000, $4,002,000, $3,353,000, $24,000 and $9,847,000 in the years ending November 30, 2028, 2029, 2030, 2031 and 2032 respectively. As of November 30, 2012, an alternative minimum tax credit of $194,267 was available, which may be credited in the future against regular income tax. This credit may be carried forward indefinitely.

The aggregate cost of securities for federal income tax purposes and securities with unrealized appreciation and depreciation, were as follows:

 

                 

Description

  November 30,
2012
    November 30,
2011
 

Aggregate cost for federal income tax purposes

  $ 41,995,195     $ 65,471,208  
   

 

 

   

 

 

 

Gross unrealized appreciation

    33,892,176       8,307,122  

Gross unrealized depreciation

    (801,340     (4,883,958
   

 

 

   

 

 

 

Net unrealized appreciation

  $ 33,090,836     $ 3,423,164