INCOME TAXES

Income tax expense (benefit) for the three months ended March 31, 2020 and March 31, 2019 varies from the amount that would result by applying the applicable U.S. federal corporate income tax rate of 21% to (loss) income before income tax expense (benefit). The following table summarizes the differences:



(in thousands)	Three months ended March 31,
	2020				2019
Income tax (benefit) expense at United States statutory income tax rate	$	(47	)		$	520
Valuation allowance	241				(1,331		)
Non-deductible compensation	(43		)	66	9
Investment income	(128		)		(23		)
State income tax	38				26
Change in unrecognized tax benefits⁽¹⁾	68				70
Indefinite life intangibles	54				33
Other	(13		)		(17		)
Income tax expense (benefit)	$	170			$	(713	)
(1) Includes interest and penalty expense related to unrecognized tax benefits.

The Company maintains a valuation allowance for its gross deferred tax assets at March 31, 2020 and December 31, 2019. The Company's operations have generated substantial operating losses in prior years. These losses can be available to reduce income taxes that might otherwise be incurred on future taxable income; however, it is uncertain whether the Company will generate the taxable income necessary to utilize these losses or other reversing temporary differences. This uncertainty has caused management to place a full valuation allowance on its March 31, 2020 and December 31, 2019 net deferred tax asset, excluding the deferred income tax asset and liability amounts set forth in the paragraph below. In the quarter ended March 31, 2019, the Company released into income $0.8 million of its valuation allowance, as a result of its acquisition of Geminus, due to net deferred income tax liabilities that are expected to reverse during the period in which the Company will have deferred income tax assets available.

The Company carries net deferred income tax liabilities of $29.1 million and $29.0 million at March 31, 2020 and December 31, 2019, respectively. At March 31, 2020, $8.0 million relates to deferred income tax liabilities scheduled to reverse in periods after the expiration of the Company's consolidated U.S. net operating loss carryforwards, $21.8 million relates to deferred income tax liabilities associated with land and indefinite lived intangible assets and $0.7 million relates to deferred income tax assets associated with state income taxes. At December 31, 2019, $8.0 million relates to deferred income tax liabilities scheduled to reverse in periods after the expiration of the Company's consolidated U.S. net operating loss carryforwards, $21.7 million relates to deferred income tax liabilities associated with land and indefinite lived intangible assets, $0.6 million relates to deferred income tax assets associated with state income taxes and $0.1 million relates to deferred income tax assets associated with alternative minimum tax credits.

As of March 31, 2020 and December 31, 2019, the Company carried a liability for unrecognized tax benefits of $1.4 million which is included in income taxes payable in the consolidated balance sheets. The Company classifies interest and penalty accruals, if any, related to unrecognized tax benefits as income tax expense. The Company recorded income tax expense of $0.1 million related to interest and penalty accruals for each of the three months ended March 31, 2020 and March 31, 2019. At March 31, 2020 and December 31, 2019, the Company carried an accrual for the payment of interest and penalties of $1.4 million and $1.3 million, respectively, included in income taxes payable in the consolidated balance sheets.