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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Taxes  
Income Taxes

8.           Income Taxes

The provision for income taxes from continuing operations for the years ended December 31, 2016, 2015 and 2014 consists of the following:

 

 

 

 

 

 

 

 

 

 

 

2016

 

2015

 

2014

 

 

 

(in thousands)

 

Current taxes:

    

 

    

    

    

    

    

 

Federal

    

$

72,711

     

142,576

     

161,863

 

State

 

 

7,174

 

12,800

 

14,206

 

Foreign

 

 

17

 

38

 

35

 

 

 

 

79,902

 

155,414

 

176,104

 

Deferred taxes

 

 

(3,715)

 

(1,410)

 

728

 

Provision for income taxes

 

$

76,187

 

154,004

 

176,832

 

 

The following table reconciles the statutory federal income tax rate with our effective income tax rate from continuing operations for the years ended December 31, 2016, 2015 and 2014:

 

 

 

 

 

 

 

 

 

    

2016

    

2015

    

2014

 

Statutory federal income tax rate

 

35.0

%  

35.0

%  

35.0

%

State income taxes, net of federal tax benefits

 

2.2

 

2.0

 

2.1

 

State tax incentives

 

(0.3)

 

(0.1)

 

(0.2)

 

Valuation allowance on losses capital in nature

 

(3.4)

 

0.9

 

(1.0)

 

Other items

 

0.4

 

0.7

 

0.2

 

Effective income tax rate

 

33.9

%  

38.5

%  

36.1

%

 

The tax effect of temporary differences that give rise to significant portions of deferred tax liabilities and deferred tax assets at December 31, 2016 and 2015 are as follows:

 

 

 

 

 

 

 

 

 

2016

 

2015

 

 

 

(in thousands)

 

Deferred tax liabilities:

    

 

    

    

    

 

Deferred sales commissions

 

$

(484)

 

(2,337)

 

Property and equipment

 

 

(13,906)

 

(9,775)

 

Benefit plans

 

 

(12,137)

 

(14,058)

 

Identifiable intangible assets

 

 

(11,118)

 

(13,705)

 

Prepaid expenses

 

 

(1,968)

 

(2,231)

 

Total gross deferred liabilities

 

 

(39,613)

 

(42,106)

 

Deferred tax assets:

 

 

 

 

 

 

Accrued compensation

 

 

10,678

 

11,015

 

Additional pension and postretirement liability

 

 

27,204

 

32,183

 

Other accrued expenses

 

 

7,058

 

5,851

 

Unrealized losses on investment securities and partnerships

 

 

1,834

 

7,426

 

Capital loss carryforwards

 

 

3,920

 

5,919

 

Nonvested stock

 

 

20,516

 

20,608

 

Unused state tax credits

 

 

2,115

 

1,470

 

State net operating loss carryforwards

 

 

5,716

 

5,666

 

Other

 

 

3,430

 

3,463

 

Total gross deferred assets

 

 

82,471

 

93,601

 

Valuation allowance

 

 

(11,428)

 

(18,803)

 

Net deferred tax asset

 

$

31,430

 

32,692

 

 

 

The Company has a deferred tax asset for a capital loss carryforward that is available to offset current and future capital gains.  As of December 31, 2016 and 2015, the deferred tax asset, net of federal tax effect, related to this capital loss carryforward is $3.9 million and $5.9 million, respectively.  The capital loss carryforward, if not utilized, will expire in 2018.  Other deferred tax assets that could generate potential future capital losses if realized include unrealized losses on investment securities and partnerships of $1.8 million and $7.4 million as of December 31, 2016 and 2015, respectively.  Due to the character of the losses and the limited carryforward period permitted by law upon realization, the Company may not realize the full tax benefit of the capital losses.  Management believes it is not more likely than not that the Company will generate sufficient future capital gains to realize the full benefit of these capital losses and accordingly, a valuation allowance in the amount of $5.8 million and $13.3 million has been recorded at December 31, 2016 and 2015, respectively. 

Certain subsidiaries of the Company have net operating loss carryforwards in certain states in which these companies file on a separate company basis.  The deferred tax asset, net of federal tax effect, relating to these carryforwards as of December 31, 2016 and 2015 is approximately $5.7 million.  The carryforwards, if not utilized, will expire between 2017 and 2036.  Management believes it is not more likely than not that these subsidiaries will generate sufficient future taxable income in these states to realize the benefit of the net operating loss carryforwards and, accordingly, a valuation allowance in the amount of $5.6 million and $5.5 million has been recorded at December 31, 2016 and 2015, respectively.

The Company has state tax credit carryforwards of $2.1 million and $1.5 million as of December 31, 2016 and 2015, respectively.  Of these state tax credit carryforwards, $1.9 million will expire between 2024 and 2032 if not utilized and $0.2 million will expire in 2026 if not utilized.  The Company anticipates these credits will be fully utilized prior to their expiration date.

As of January 1, 2016, the Company had unrecognized tax benefits, including penalties and interest, of $11.9 million ($8.7 million net of federal benefit) that, if recognized, would impact the Company’s effective tax rate.  As of December 31, 2016, the Company had unrecognized tax benefits, including penalties and interest, of $11.5 million ($8.4 million net of federal benefit) that, if recognized, would impact the Company’s effective tax rate.  The unrecognized tax benefits that are not expected to be settled within the next 12 months are included in other liabilities in the accompanying consolidated balance sheets; unrecognized tax benefits that are expected to be settled within the next 12 months are included in income taxes payable; and unrecognized tax benefits that reduce a net operating loss, similar tax loss, or tax credit carryforward are presented as a reduction to noncurrent deferred income taxes. 

The Company’s accounting policy with respect to interest and penalties related to income tax uncertainties is to classify these amounts as income taxes.  As of January 1, 2016, the total amount of accrued interest and penalties related to uncertain tax positions recognized in the consolidated balance sheet was $3.4 million ($2.8 million net of federal benefit).  The total amount of penalties and interest, net of federal benefit, related to tax uncertainties recognized in the statement of income for the period ended December 31, 2016 was $0.2 million.  As of December 31, 2016, the Company had total accrued penalties and interest related to uncertain tax positions of $3.8 million ($3.1 million net of federal benefit) in the consolidated balance sheet, which is included in the total unrecognized tax benefits described above.

The following table summarizes the Company's reconciliation of unrecognized tax benefits, excluding penalties and interest, for the years ended December 31, 2016, 2015 and 2014:

 

 

 

 

 

 

 

 

 

 

 

2016

 

2015

 

2014

 

 

 

(in thousands)

 

Balance at January 1

    

$

8,448

    

8,105

    

9,013

 

Increases during the year:

 

 

 

 

 

 

 

 

Gross increases - tax positions in prior period

 

 

465

 

1,401

 

433

 

Gross increases - current-period tax positions

 

 

494

 

700

 

656

 

Decreases during the year:

 

 

 

 

 

 

 

 

Gross decreases - tax positions in prior period

 

 

(167)

 

(308)

 

(192)

 

Decreases due to settlements with taxing authorities

 

 

(21)

 

(486)

 

(877)

 

Decreases due to lapse of statute of limitations

 

 

(1,485)

 

(964)

 

(928)

 

Balance at December 31

 

$

7,734

 

8,448

 

8,105

 

 

In the ordinary course of business, many transactions occur for which the ultimate tax outcome is uncertain.  In addition, respective tax authorities periodically audit our income tax returns.  These audits examine our significant tax filing positions, including the timing and amounts of deductions and the allocation of income among tax jurisdictions.  During 2016, the Company settled two open tax years that were undergoing audit by a state jurisdiction in which the Company operates.  During 2015, the Company settled three open tax years that were undergoing audit by a state jurisdiction in which the Company operates.  During 2014, the Company settled six open tax years that were undergoing audit by state jurisdictions in which the Company operates.  The Company is currently under federal audit for the 2014 tax year.   The 2013, 2015, and 2016 federal income tax returns are open tax years that remain subject to potential future audit.  State income tax returns for all years after 2012 and, in certain states, income tax returns for 2012, are subject to potential future audit by tax authorities in the Company’s major state tax jurisdictions.