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FORM 10-K/A GAMCO Investors, Inc. - Gabelli

FORM 10-K/A GAMCO Investors, Inc. - Gabelli

FORM 10-K/A GAMCO Investors, Inc. - Gabelli

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We also serve as investment manager or co-investment manager for various affiliated offshore funds whose underlying assets consist primarily of marketable securities. As the<br />

investment manager or co-investment manager, we earn a management fee based on a percentage of net assets and are entitled to a 20% incentive based on the absolute gain in the<br />

portfolio. For the year ended December 31, 2006 for the offshore funds that are not consolidated, we earned management fees of $1,850,000 and recorded incentive fees of<br />

$3,656,000. For the years ended December 31, 2004 and 2005 for all of the offshore funds, we earned management fees of $2,448,000 and $2,306,000, respectively and<br />

recorded incentive fees of $1,423,000 and $3,013,000, respectively. At December 31, 2006 for the offshore funds that are not consolidated, we had investments in these affiliated<br />

offshore funds aggregating $29,008,000 and earned income of $3,292,000. At December 31, 2005 for all of the offshore funds, we had investments in these affiliated offshore<br />

funds aggregating $27,790,000 and earned $643,000 and $2,083,000 from these investments in 2004 and 2005, respectively.<br />

At December 31, 2005 and 2006, we had various interests in unaffiliated limited partnerships, offshore funds and other investments aggregating approximately $22,408,000 and<br />

$21,098,000, respectively. For the years ended December 31, 2004, 2005 and 2006, we recorded net gains related to these investments of approximately $1,000,000,<br />

$1,183,000, and $2,078,000, respectively.<br />

D. <strong>Inc</strong>ome Taxes<br />

We account for income taxes under the liability method prescribed by SFAS <strong>10</strong>9. Under SFAS <strong>10</strong>9, deferred income taxes reflect the net effects of temporary differences<br />

between the carrying amounts of assets and liabilities for financial accounting purposes and the amounts used for income tax purposes.<br />

GBL and our greater than 80% owned subsidiaries file a consolidated federal income tax return. Advisers, our less than 80% owned subsidiary files a separate federal income tax<br />

return. Accordingly, the income tax provision represents the aggregate of the amounts provided for all companies.<br />

The provision for (benefit from) income taxes for the years ended December 31, 2004, 2005 and 2006 consisted of the following:<br />

2004 (a) 2005 (a) (b) 2006 (b)<br />

(In Thousands)<br />

Federal:<br />

Current $ 31,799 $ 32,024 $ 52,472<br />

Deferred (1,198) 1,183 (6,502)<br />

State and local:<br />

Current 6,088 5,573 5,505<br />

Deferred (571) (95 ) (627 )<br />

$ 36,118 $ 38,685 $ 50,848<br />

(a) Restated as described in note A of item 8 of this report on Form <strong>10</strong>-K.<br />

(b) Restated as described in the explanatory note of this report on Form <strong>10</strong>-K/A.<br />

Our effective tax rate for each of the years ended December 31, 2004, 2005 and 2006 was 36.4%, 37.5% and 38.2%, respectively. A reconciliation of the Federal statutory<br />

income tax rate to the effective tax rate is set forth below:<br />

2004 2005 2006<br />

Statutory Federal income tax rate 35.0% 35.0% 35.0%<br />

State income tax, net of Federal benefit 3.6 3.5 2.4<br />

Other (2.2) (1.0) 0.8<br />

Effective income tax rate 36.4% 37.5% 38.2%<br />

Significant components of our deferred tax assets and liabilities were as follows:<br />

2005 (a) 2006<br />

Deferred tax assets: (in thousands)<br />

Stock option expense $ (650) $ (622)<br />

Deferred compensation (3,362) (3,602)<br />

Accrued Bonus - (1,575)<br />

Reserve for settlement - (4,500)<br />

Other (482) (495)<br />

Total deferred tax assets (4,494) (<strong>10</strong>,794)<br />

Deferred tax liabilities:<br />

Investments in securities available for sale 64 6,207<br />

Investments in securities and partnerships 5,733 4,551<br />

Other 396 399<br />

Total deferred tax liabilities 6,193 11,157<br />

Net deferred tax liabilities $ 1,699 $ 363<br />

(a) Restated as described in note A of item 8 of this report on Form <strong>10</strong>-K/A.<br />

F-20

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