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Income Taxes
9 Months Ended
Sep. 30, 2015
Income Taxes [Abstract]  
Income Taxes

7. Income Taxes

 

The following summarizes our income tax benefit (provision) on the loss from continuing operations (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended
September 30,

 

Nine Months Ended
September 30,

 

2015

 

2014

 

2015

 

2014

Total current income tax provision

$

(517)

 

$

(4,233)

 

$

(2,347)

 

$

(5,005)

Total deferred income tax benefit (provision)

 

37,451 

 

 

(721)

 

 

33,248 

 

 

(20,101)

Income tax benefit (provision)

$

36,934 

 

$

(4,954)

 

$

30,901 

 

$

(25,106)

 

At September 30, 2015, income tax refund receivable on our condensed consolidated balance sheet included $2.1 million from the carryback of our tax loss from 2014 against taxes previously paid for 2012. We expect to receive this tax refund in 2016.

 

Subsequent to the Sale, to the extent that profitability from operations is not sufficient to realize the benefit from our remaining net deferred tax assets, we would generate sufficient taxable income from the appreciated value of our Telesat investment, which currently has a nominal tax basis, in order to prevent federal net operating losses from expiring and realize the benefit of all remaining deferred tax assets.

 

The following summarizes amounts for uncertain tax positions (“UTPs”) included in our income tax benefit (provision) (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended
September 30,

 

Nine Months Ended
September 30,

 

2015

 

2014

 

2015

 

2014

Current provision for UTPs

$

(507)

 

$

(602)

 

$

(784)

 

$

(207)

Deferred benefit for UTPs

 

187 

 

 

147 

 

 

244 

 

 

145 

Tax provision for UTPs

$

(320)

 

$

(455)

 

$

(540)

 

$

(62)

 

As of September 30, 2015, we had unrecognized tax benefits relating to UTPs of $78 million. Pursuant to the Purchase Agreement for the Sale, we are obligated to indemnify SS/L for taxes related to periods prior to the closing of the transaction. The Company recognizes interest and penalties related to income taxes in income tax expense on a quarterly basis. As of September 30, 2015, we have accrued approximately $7.3 million and $7.7 million for the payment of potential tax-related interest and penalties, respectively.

 

The Company is no longer subject to U.S. federal, state or local income tax examinations by tax authorities for years prior to 2007. In addition, the statute of limitations for assessment of additional tax has expired with regard to the Company’s federal income tax returns filed for 2008, 2009, 2010 and 2011 and state and local income tax returns filed for 2008 and 2009. Earlier years related to certain foreign jurisdictions remain subject to examination. Various federal, state and foreign income tax returns are currently under examination. However, to the extent allowed by law, the tax authorities may have the right to examine prior periods where net operating losses were generated and carried forward, and make adjustments up to the amount of the net operating loss carryforward. While we intend to contest any future tax assessments for UTPs, no assurance can be provided that we would ultimately prevail. During the next twelve months, the statute of limitations for assessment of additional tax will expire with regard to certain UTPs related to our federal income tax returns filed for 2007 and 2012 and state income tax returns filed for 2007, 2010 and 2011, potentially resulting in a  $33.7 million reduction to our unrecognized tax benefits.

 

The following summarizes the changes to our liabilities for UTPs included in long-term liabilities in the condensed consolidated balance sheets (in thousands):

 

 

 

 

 

 

 

 

Nine Months Ended
September 30,

 

2015

 

2014

Liabilities for UTPs:

 

 

 

 

 

Opening balance — January 1

$

77,133 

 

$

79,688 

Current provision (benefit) for:

 

 

 

 

 

Unrecognized tax benefits

 

         —

 

 

(622)

Potential additional interest

 

1,695 

 

 

1,813 

Potential penalty adjustment

 

         —

 

 

(425)

Statute expirations

 

(174)

 

 

(559)

Tax settlements

 

(737)

 

 

         —

Ending balance

$

77,917 

 

$

79,895 

 

As of September 30, 2015, if our positions are sustained by the taxing authorities, the Company’s income tax provision from continuing operations would be reduced by approximately $36.3 million. Other than as described above, there were no significant changes to our UTPs during the nine months ended September 30, 2015 and 2014, and we do not anticipate any other significant changes to our unrecognized tax benefits during the next twelve months.