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INCOME TAXES
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES

The Company’s federal and state income tax provision (benefit) from continuing operations is summarized in the following table (in thousands):
 
Year Ended December 31,
 
2015
 
2014
 
2013
Current
 
 
 
 
 
Federal
$

 
$
(886
)
 
$
(866
)
State
(76
)
 
(41
)
 
(1,412
)
Total current
(76
)
 
(927
)
 
(2,278
)
Deferred
 

 
 

 
 

Federal
(18,293
)
 
9,951

 
3,281

State
(3,163
)
 
2,169

 
257

Total deferred
(21,456
)
 
12,120

 
3,538

Total tax provision (benefit)
$
(21,532
)
 
$
11,193

 
$
1,260


The effect of temporary differences that give rise to a significant portion of deferred taxes is as follows (in thousands):
 
December 31,
 
2015
 
2014
Deferred tax assets:
 
 
 
Reserves not currently deductible
$
27,467

 
$
28,387

Net operating loss carryforwards
91,350

 
65,097

Goodwill and intangibles (tax deductible)
34,983

 
8,458

Accrued expenses
654

 
32

Property basis differences
1,021

 
301

Stock based compensation
8,245

 
8,201

Other
715

 
610

Total deferred tax assets
164,435

 
111,086

Deferred tax liabilities:
 

 
 

Indefinite-lived goodwill and intangibles
(236
)
 
(18,118
)
Less: valuation allowance
(164,435
)
 
(111,086
)
Net deferred tax liability
(236
)
 
(18,118
)
Deferred taxes
$
(236
)
 
$
(18,118
)


The Company continually assesses the necessity of a valuation allowance. Based on this assessment, the Company concluded that a valuation allowance, in the amount of $164.4 million and $111.1 million, was required as of December 31, 2015 and 2014, respectively. If the Company determines in a future period that it is more likely than not that part or all of the deferred tax assets will be realized, the Company will reverse part or all of the valuation allowance.

At December 31, 2015, the Company had federal net operating loss (“NOL”) carryforwards of approximately $243.0 million, of which $18.4 million is subject to an annual limitation, which will begin expiring in 2026 and later.  Of the Company’s $243.0 million federal NOLs, $18.0 million will be recorded in additional paid-in capital when realized as these NOLs are related to the exercise of non-qualified stock options and restricted stock grants.  The Company has post-apportioned state NOL carryforwards of approximately $322.7 million, the majority of which will begin expiring in 2017 and later.

The Company’s reconciliation of the statutory rate to the effective income tax rate from continuing operations is as follows (in thousands):
 
Year Ended December 31,
 
2015
 
2014
 
2013
Tax (benefit) provision at statutory rate
$
(113,736
)
 
$
(48,554
)
 
$
(24,633
)
State tax (benefit) provision, net of federal taxes
(8,356
)
 
(3,959
)
 
(3,239
)
Valuation allowance changes affecting income tax expense
57,023

 
63,641

 
29,805

Change in tax contingencies
(37
)
 
(109
)
 
(1,157
)
Non-deductible transaction costs

 

 
317

Goodwill impairment
43,362

 

 

Other
212

 
174

 
167

Tax provision (benefit)
$
(21,532
)
 
$
11,193

 
$
1,260


As of December 31, 2015, the Company had $1.1 million of gross unrecognized tax benefits, of which $0.1 million, if recognized, would favorably affect the effective income tax rate in future periods. A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows (in thousands):
 
Year Ended December 31,
 
2015
 
2014
 
2013
Unrecognized tax benefits balance at January 1,
$
1,096

 
$
1,172

 
$
2,754

Lapse of statute of limitations
(29
)
 
(76
)
 
(1,582
)
Unrecognized tax benefits balance at December 31,
$
1,067

 
$
1,096

 
$
1,172



The Company’s policy for recording interest and penalties associated with uncertain tax positions is to record such items as a component of income tax expense in the Consolidated Statements of Operations.  As of December 31, 2015 and 2014, the Company had approximately $0.1 million and $0.1 million of accrued interest related to uncertain tax positions, respectively.

The Company files income tax returns, including returns for its subsidiaries, with federal, state and local jurisdictions.  The Company’s uncertain tax positions are related to tax years that remain subject to examination.  As of December 31, 2015, U.S. tax returns for the years 2011 through 2014 remain subject to examination by federal tax authorities.  Tax returns for the years 2010 through 2014 remain subject to examination by state and local tax authorities for a majority of the Company's state and local filings.