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INCOME TAXES
12 Months Ended
Dec. 31, 2019
INCOME TAXES  
INCOME TAXES

9. INCOME TAXES

Income tax benefit (expense) consists of the following:

Year Ended December 31,

(In thousands)

    

2019

    

2018

    

2017

Current

 

  

 

  

 

  

State

$

(26)

$

19

$

(4)

Deferred

 

  

 

  

 

  

Federal

 

(41,567)

 

190,195

 

State

 

(309)

 

5,859

 

 

(41,876)

 

196,054

 

Total income tax benefit (expense), net

$

(41,902)

$

196,073

$

(4)

The impacts of the differences between the expected U.S. federal statutory income tax to our income tax expense are as follows:

Year Ended December 31,

(In thousands)

    

2019

    

2018

    

2017

Expected tax at federal statutory rate

$

48,908

$

44,154

$

46,997

State income tax, net of federal benefit

 

325

 

(5,878)

 

4

Non-deductible executive compensation

 

 

747

 

987

Noncontrolling interest

(7,078)

(2,367)

Other

 

326

 

310

 

(1,506)

Impact of tax reform rate change

124,017

Change in valuation allowance

 

(579)

 

(233,039)

 

(170,495)

Income tax expense (benefit), net

$

41,902

$

(196,073)

$

4

9. INCOME TAXES (Continued)

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of our deferred tax assets and deferred tax liabilities are as follows:

As of December 31, 

(In thousands)

    

2019

    

2018

Deferred tax assets

Net operating loss carryforwards

$

172,359

$

215,497

Research and development tax credit carryforwards

 

55,966

 

56,231

Other

 

1,412

 

1,647

Total deferred tax assets before valuation allowance

 

229,737

 

273,375

Valuation allowance

 

(63,620)

 

(64,199)

Total deferred tax assets

166,117

209,176

Deferred tax liabilities

Debt issuance discount and other

(11,946)

(13,122)

Net deferred tax assets

$

154,171

$

196,054

We record deferred tax assets if the realization of such assets is more likely than not to occur. Significant management judgment is required in determining whether a valuation allowance against the deferred tax assets is required. We have considered all available evidence, both positive and negative, such as our historical operating results and predictability of future taxable income, in making such determination. We are also required to exercise significant management’s judgment in forecasting future taxable income. Specifically, we evaluate the following criteria when considering a valuation allowance:

the history of tax net operating losses in recent years;
predictability of operating results;
profitability for a sustained period of time; and
level of profitability on a quarterly basis.

As of December 31, 2018, we had cumulative net income before tax for the three years then ended. Based on our historical operating performance and estimated future taxable income, we concluded that it was more likely than not that we would be able to realize approximately $190.2 million and $5.9 million benefits of the U.S. federal and state deferred tax assets in the future, respectively. As of December 31, 2019, we recognized $41.9 million income tax expense and reduced the deferred tax assets by the same amount based on the taxable income generated during the year.

As of December 31, 2019, we had federal net operating loss carryforwards of approximately $0.6 billion, which will expire from 2030 through 2035, and federal research and development tax credit carryforwards of approximately $44.4 million, which will expire from 2020 through 2034. We also had state net operating loss carryforwards of approximately $649.3 million expiring in the years 2028 through 2035 and state research tax credits of approximately $32.3 million, which do not expire.

Utilization of net operating loss and tax credit carryforwards may be subject to a substantial annual limitation due to ownership change limitations provided by the Internal Revenue Code and similar state provisions. Annual limitations may result in expiration of net operating loss and tax credit carryforwards before some or all of such amounts have been utilized.

We conducted an Internal Revenue Code of 1986, as amended, Section 382 (“Section 382”) analysis through September 30, 2019 to determine whether an ownership change had occurred since inception. The Section 382 study concluded that it is more likely than not that the Company did not experience an ownership change during the testing period. However, notwithstanding the applicable annual limitations, no portion of the net operating loss or credit carryforwards is expected to expire before becoming available to reduce federal and state income tax liabilities as a result of those identified ownership changes. If we undergo another ownership change, the utilization of the pre-ownership change net operating loss carryforwards or pre-ownership change tax attributes, such as

9. INCOME TAXES (Continued)

research tax credits, to offset the post-ownership change income may be subject to an annual limitation, pursuant to Sections 382 and 383 of the Internal Revenue Code of 1986, as amended. Similar rules may apply under state tax laws.

Our policy is to recognize interest and/or penalties related to income tax matters in income tax expense. As of December 31, 2019 and 2018, we had no accrued interest or penalties.

Uncertain Tax Positions

A reconciliation of the beginning and ending balances of the total amounts of unrecognized tax benefits are as follows (in thousands):

(In thousands)

Unrecognized tax benefits as of December 31, 2017 and 2016

    

$

15,488

Gross decrease in tax portions for 2018

(75)

Unrecognized tax benefits as of December 31, 2018

$

15,413

Gross decrease in tax portions for 2019

 

(71)

Unrecognized tax benefits as of December 31, 2019

$

15,342

Our total unrecognized tax benefits as of December 31, 2019 were $15.3 million. Total unrecognized tax benefits that, if recognized, would affect our effective tax rate, were $8.0 million as of December 31, 2019. We do not anticipate the total amount of unrecognized income tax benefits relating to uncertain tax positions existing as of December 31, 2019 will significantly increase or decrease in the next 12 months.

We are subject to taxation in the U.S. and various state jurisdictions. The tax years 2004 through 2013, 2015 and forward remain open to examination by the federal and most state tax authorities due to net operating loss and overall credit carryforward positions.