Income Taxes

6 Months Ended

Jun. 30, 2023

Income Taxes [Abstract]

Income Taxes

Note 15.  Income Taxes

Income taxes are accounted for under the asset-and-liability method.  Deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carryforwards.  Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled.  The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.  We recognize the effect of income tax positions only if those positions are more likely than not of being sustained. Recognized income tax positions are measured at the largest amount that is greater than 50% likely of being realized.  Changes in recognition or measurement are reflected in the period in which the change in judgment occurs.  We did not rely on any uncertain tax positions in recording our income tax-related amounts during the three and six months ended June 30, 2023 and 2022.

Our federal, state and foreign income tax benefit (provision) is summarized below:

	For the Three Months Ended June 30,						For the Six Months Ended June 30,
	2023			2022			2023			2022
Current portion of income tax benefit (provision):
Federal	$	(14	)	$	–		$	(10	)	$	–
State		(10	)		(7	)		(21	)		(17	)
Foreign		–			(3	)		–			(3	)
Total current portion		(24	)		(10	)		(31	)		(20	)
Deferred portion of income tax benefit (provision):
Federal		11			(6	)		4			(13	)
State		–			(1	)		4			(3	)
Total deferred portion		11			(7	)		8			(16	)
Total provision for income taxes	$	(13	)	$	(17	)	$	(23	)	$	(36	)

A reconciliation of the provision for income taxes with amounts determined by applying the statutory U.S. federal income tax rate to income before income taxes is as follows:

	For the Three Months Ended June 30,						For the Six Months Ended June 30,
	2023			2022			2023			2022
Pre-Tax Net Book Income (“NBI”)	$	1,296		$	1,457		$	2,728		$	2,807
Texas Margin Tax (1)		(10	)		(7	)		(16	)		(19	)
State income tax provision, net of federal benefit		–			(1	)		(1	)		(1	)
Federal income tax provision computed by applying      the federal statutory rate to NBI of corporate entities		(3	)		(4	)		(6	)		(7	)
Other		–			(5	)		–			(9	)
Provision for income taxes	$	(13	)	$	(17	)	$	(23	)	$	(36	)
Effective income tax rate		(1.0	)%		(1.2	)%		(0.8	)%		(1.3	)%

(1) Although the Texas Margin Tax is not considered a state income tax, it has the characteristics of an income tax since it is determined by applying a tax rate to a base that considers our Texas-sourced revenues and expenses.

The following table presents the significant components of deferred tax assets and deferred tax liabilities at the dates indicated:

	June 30,		December 31,
	2023		2022
Deferred tax liabilities:
Attributable to investment in OTA	$	423	$	406
Attributable to property, plant and equipment		127		133
Attributable to investments in other entities		5		5
Other		60		60
Total deferred tax liabilities		615		604
Deferred tax assets:
Net operating loss carryovers (1)		42		22
Temporary differences related to Texas Margin Tax		4		4
Total deferred tax assets		46		26
Valuation allowance		22		22
Total deferred tax assets, net of valuation allowance		24		4
Total net deferred tax liabilities	$	591	$	600

(1) The loss amount presented as of June 30, 2023 has an indefinite carryover period.  All losses are subject to limitations on their utilization.