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Income Taxes
12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
We are subject to taxation in the United States and various states. The provision for income taxes consisted of the following (in thousands): 
 Years Ended December 31,
 202120222023
Current:
U. S. federal provision$8,848 $9,490 $7,862 
State provision2,989 3,287 1,847 
Total current provision$11,837 $12,777 $9,709 
Deferred:
U. S. federal provision (benefit)$(452)$1,723 $2,117 
State provision (benefit)(240)1,313 1,190 
Total deferred provision (benefit)$(692)$3,036 $3,307 
Total income tax provision $11,145 $15,813 $13,016 
A reconciliation of income taxes calculated at the U.S. federal statutory rate to those reflected in the Consolidated Statements of Operations is as follows (dollars in thousands): 
 Years Ended December 31,
 202120222023
 AmountPercentAmountPercentAmountPercent
Federal statutory rate$9,304 21.0 %$12,000 21.0 %$9,750 21.0 %
Effect of state income taxes, net of federal benefit2,180 4.9 3,630 6.3 2,421 5.2 
Effect of non-deductible expenses and other, net(423)(1.0)59 0.1 864 1.8 
Effect of divestitures and impairment of businesses103 0.2 138 0.2 — — 
Change in valuation allowance, net of federal benefit(19)— (14)— (19)— 
Total$11,145 25.1 %$15,813 27.6 %$13,016 28.0 %
The tax effects of temporary differences from total operations that give rise to significant deferred tax assets and liabilities are as follows (in thousands):
 Years Ended December 31,
 20222023
Deferred income tax assets:
Net operating loss carryforwards$839 $694 
Interest expense limitation3,506 6,981 
Tax credit carryforwards75 63 
State depreciation1,297 1,310 
Accrued and other liabilities8,606 6,707 
Amortization of non-compete agreements1,213 855 
Right-of-use assets4,819 4,347 
Total deferred income tax assets20,355 20,957 
Less valuation allowance(181)(156)
Total deferred income tax assets$20,174 $20,801 
Deferred income tax liabilities:
Depreciation and amortization$(61,432)$(66,863)
Preneed liabilities(2,582)(1,070)
Lease liabilities(4,212)(3,806)
Prepaid assets and other(768)(1,189)
Total deferred income tax liabilities(68,994)(72,928)
Total net deferred tax liabilities$(48,820)$(52,127)
Our deferred tax assets and liabilities, along with related valuation allowances, are classified as non-current on our Consolidated Balance Sheet at December 31, 2022 and 2023. We record a valuation allowance to reflect the estimated amount
of deferred tax assets for which realization is uncertain. Management reviews the valuation allowance at the end of each quarter and makes adjustments if it is determined that it is more-likely-than not that the tax benefits will be realized.
For state reporting purposes, we have $14.8 million of net operating loss carryforwards that will expire between 2024 and 2042, if not utilized. Based on management’s assessment of the various state net operating losses, it was determined that it is more-likely-than not that we will be able to realize tax benefits on some portion of the amount of the state losses. The valuation allowance at December 31, 2023 was attributable to the deferred tax asset related to a portion of the state operating losses.
We analyze tax benefits for uncertain tax positions and how they are to be recognized, measured, and derecognized in financial statements; provide certain disclosures of uncertain tax matters; and specify how reserves for uncertain tax positions should be classified on our Consolidated Balance Sheet. The deferred tax assets recognized for those NOLs are presented net of these unrecognized tax benefits.
At December 31, 2023, the Company’s unrecognized tax benefit (“UTB”) reserve for uncertain tax positions primarily relates to the uncertainty of receiving audit protection for revenue recognition of cemetery property for the benefit derived from carrying back losses generated in 2018 to tax years with a higher effective tax rate than the current 21.0% rate. Our UTB reserve for the years ended December 31, 2022 and 2023 was $3.3 million and $3.4 million, respectively.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
 Years Ended December 31,
202120222023
Unrecognized tax benefit at beginning of year$3,656 $3,761 $3,294 
Gross decreases - tax positions in prior period— (533)— 
Gross increases - tax positions in prior period105 66 — 
Gross increases - tax positions in current period— — 88 
Unrecognized tax benefit at end of year$3,761 $3,294 $3,382 
At December 31, 2023, we expect that the $3.4 million of UTB will be recognized in the next twelve months. We accrued interest of $0.1 million during 2023 and in total, as of December 31, 2023, recognized a liability related to the UTB's noted above for interest of $0.3 million. During 2022, we accrued interest of $0.1 million and in total, as of December 31, 2022, recognized a liability for interest of $0.2 million.
As of December 31, 2023, we expect to receive approximately $1.9 million as a result of amended federal returns filed in 2017 for the tax years ended December 31, 2013, 2014 and 2015 in connection with various legislative changes. In addition, we expect to receive approximately $2.0 million of carryback claims filed in 2020 for the tax years ended December 31, 2018 and 2019 related to the Coronavirus Aid, Relief, and Economic Security Act enacted on March 27, 2020 in response to the COVID-19 pandemic.
As of December 31, 2023, tax years 2013 to 2022 remain subject to examination by taxing authorities.