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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
Income tax (benefit) expense from continuing operations for the years ended December 31, 2015, 2014 and 2013 consisted of the following (dollars in thousands):
 
 
2015
 
2014
 
2013
Current income tax expense
 
 
 
 
 
 
State and local
 
$
2,422

 
$
3,352

 
$
2,987

Total current income tax expense
 
$
2,422

 
$
3,352

 
$
2,987

 
 
 
 
 
 
 
Deferred tax (benefit) expense
 
 
 
 
 
 
Federal
 
$
(48,123
)
 
$
7,172

 
$
(65,330
)
State and local
 
(139
)
 
(270
)
 
(6,121
)
Total deferred tax expense (benefit)
 
(48,262
)
 
6,902

 
(71,451
)
Total income tax (benefit) expense
 
$
(45,840
)
 
$
10,254

 
$
(68,464
)

Total income tax (benefit) expense from continuing operations differed from the amount computed by applying the federal statutory tax rate of 35.0% for the years ended December 31, 2015, 2014 and 2013 due to the following (dollars in thousands):


2015
 
2014
 
2013
Pretax (loss) income at federal statutory rate

$
(207,317
)

$
7,707


$
(8,698
)
State income tax (benefit) expense, net federal (benefit) expense

(1,385
)

992


(209
)
Meals and entertainment
 
380

 
424

 
291

Acquisition costs





399

Change in state tax rates

1,605


(1,580
)

296

Section 162 disallowance

110


562


140

Impairment charges on goodwill with no tax basis

153,371





Increase (decrease) in valuation allowance

190


2,189


(61,512
)
Other

7,206

 
(40
)
 
829

Net income tax (benefit) expense

$
(45,840
)

$
10,254


$
(68,464
)

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities at December 31, 2015 and 2014 are presented below (dollars in thousands):
 
 
2015
 
2014
Current deferred tax assets:
 
 
 
Accounts receivable
$

 
$
1,975

Accrued expenses and other current liabilities

 
826

Net operating loss

 
45,246

Current deferred tax assets

 
48,047

Less: valuation allowance

 
(4,199
)
Net current deferred tax assets

 
43,848

Noncurrent deferred tax assets:

 
 
Accounts receivable
1,849

 

Advertising relationships
3,686

 
4,839

Other liabilities
28,140

 
19,835

AMT tax credit
2,042

 
2,042

Net operating loss
155,475

 
136,700

Noncurrent deferred tax assets
191,192

 
163,416

Less: valuation allowance
(17,173
)
 
(14,792
)
Net noncurrent deferred tax assets
174,019

 
148,624

Noncurrent deferred tax liabilities:

 
 
Intangible assets
527,775

 
560,954

Property and equipment
30,260

 
38,798

Cancellation of debt income
31,865

 
51,002

Other

 
5,861

Noncurrent deferred tax liabilities
589,900

 
656,615

Net noncurrent deferred tax liabilities
415,881

 
507,991

Net deferred tax liabilities
$
415,881

 
$
464,143



Deferred tax assets and liabilities are computed by applying the federal and state income tax rates in effect to the gross amounts of temporary differences and other tax attributes, such as net operating loss carry-forwards. In assessing if the deferred tax assets will be realized, the Company considers whether it is more likely than not that some or all of these deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the period in which these deductible temporary differences reverse.
During the year ended December 31, 2014, the valuation allowance increased by $2.2 million to $19.0 million. This increase was recorded to deferred tax expense and primarily relates to the Company's estimate of its inability to recover certain separate company state net net operating losses. During the year ended December 31, 2015, the valuation allowance decreased by $1.8 million to $17.2 million. The $1.8 million decrease to the valuation allowance relates to an increase of $0.3 million related to state rate changes, an increase of $0.2 million related to the Company's estimates of it's inability to recover certain state net operating losses and a decrease of $2.3 million related to the write off of certain state net operating losses expected to expire in the future. For the year ended December 31, 2015, $0.5 million of the change in valuation allowance was recorded to deferred tax expense as $2.3 million of the overall $1.8 million decrease in valuation allowance related directly to the write off of net operating losses with an existing valuation allowance.
At December 31, 2015, the Company has federal net operating loss carry forwards, which are available to offset future taxable income, of approximately $384.4 million which will expire in the years 2030 through 2032. At December 31, 2015, the Company has state net operating loss carry forwards available to offset future income of approximately $1.6 billion which, if not utilized, will expire in the years 2016 through 2035. In addition to the federal and state net operating loss carry forwards noted above, approximately $1.5 million of net operating loss carry forwards relate to windfall tax benefits associated with the Company's equity based compensation plan that will benefit additional paid in capital when realized. The Company's policy is to treat these equity based net operating loss carry forwards as the last net operating loss carry forwards to be consumed.
The Company records interest and penalties related to unrecognized tax benefits in current income tax expense. Of this amount, $0.4 million was recorded to expense in 2015. The total interest and penalties accrued as of December 31, 2015 is $5.0 million. The overall decrease in accrued interest and penalty in 2015 of $1.2 million is due to additional accruals for interest and penalty of $0.5 million, payments of $1.6 million related to settlements with taxing authorities and reductions to interest and penalty accruals of $0.1 million related to the reversal of positions associated with the expiration of certain statute of limitations. The total unrecognized tax benefits and accrued interest and penalties at December 31, 2015 was $17.6 million. Of this total, $14.8 million represents the unrecognized tax benefits and accrued interest and penalties that, if recognized, would favorably affect the effective income tax rate in future periods. Of the $17.6 million total unrecognized tax benefits and accrued interest and penalties, $13.5 million relates to items which are not expected to change significantly within the next 12 months. Substantially all federal, state, local and foreign income tax returns have been closed for the tax years through 2011; however, the various tax jurisdictions may adjust the Company's net operating loss carry forwards. The following table reconciles unrecognized tax benefits during the relevant years:
Balance at January 1, 2014
 
$
14,888

Lapse of statute of limitations
 
(422
)
Balance at December 31, 2014
 
$
14,466

Settlements
 
(1,180
)
Lapse of statute of limitations
 
(657
)
Balance at December 31, 2015
 
$
12,629