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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Taxes [Abstract]  
Income Taxes

Note 8.         Income Taxes

The components of income (loss) before income taxes were as follows:

Year Ended December 31, 

    

2020

    

2019

    

2018

United States

$

55,874

    

$

13,830

    

$

(52,473)

Foreign

 

(2,234)

 

(878)

 

(927)

Total Income (Loss) before Income Taxes

$

53,640

$

12,952

$

(53,400)

The (benefit) expense for income taxes consisted of the following:

Year Ended December 31, 

    

2020

    

2019

    

2018

Current

    

  

    

  

    

  

Federal

$

1,868

$

2,550

$

State

 

2,315

 

1,015

 

607

Foreign

 

67

 

90

 

132

Total Current

 

4,250

 

3,655

 

739

Deferred

 

  

 

  

 

  

Federal

 

(9,671)

 

(203)

 

140

State

 

(2,366)

 

(163)

 

100

Total Deferred

 

(12,037)

 

(366)

 

240

Income Tax (Benefit) Expense

$

(7,787)

$

3,289

$

979

Tax expense in the amount of $0.8 million and $0.5 million was recognized as a component of income tax expense during 2020 and 2019, respectively, resulting from the exercise of stock options and the release of restricted shares.

Year Ended December 31, 

 

2020

    

2019

    

2018

 

Income Tax Expense (Benefit) at Federal Statutory Rate

$

11,264

21.0

%  

$

2,720

    

21.0

%  

$

(11,214)

    

21.0

%

Increases (Decreases):

 

 

  

 

  

 

  

 

  

State Income Taxes, Net of Federal Income Tax Benefit

 

1,949

3.6

%  

 

425

 

3.3

%  

 

723

 

(1.3)

%

Valuation Allowance

 

(21,363)

(39.8)

%  

 

668

 

5.2

%  

 

3,897

 

(7.3)

%

Foreign Operations

 

2,431

4.5

%  

 

90

 

0.7

%  

 

132

 

(0.3)

%

Uncertain Tax Positions

%  

174

1.3

%  

2,919

 

(5.5)

%  

Non-Deductible Fines and Penalties

 

2

%  

 

6

 

%  

 

4,011

 

(7.5)

%

CARES Act Rate Differential

(1,751)

(3.3)

%  

%  

%

Other

 

(319)

(0.5)

%  

 

(794)

 

(6.1)

%  

 

511

 

(0.9)

%

Income Tax (Benefit) Expense

$

(7,787)

 

(14.5)

%  

$

3,289

 

25.4

%  

$

979

 

(1.8)

%

The tax effects of temporary differences that result in significant portions of the deferred tax accounts based on a 21% federal rate in both 2020 and 2019, are as follows:

December 31, 

    

2020

2019

Deferred Tax Liabilities:

 

  

    

  

Operating Lease Right-of-Use Assets

$

(28,579)

$

(31,804)

Depreciation and Amortization and Other

(14,532)

(9,676)

Total Gross Deferred Tax Liabilities

 

(43,111)

 

(41,480)

Deferred Tax Assets:

 

  

 

  

Operating Lease Liabilities

31,365

34,419

Stock-Based Compensation Expense

 

2,155

 

2,611

Legal Settlement Reserves

7,998

11,774

Other Accruals and Reserves

 

4,718

 

5,054

Employee Benefits

 

3,616

 

1,169

Inventory Reserves

 

1,241

 

1,311

Inventory Capitalization

 

2,790

 

3,194

Foreign Net Operating Loss Carryforwards

 

2,674

 

3,341

Net Operating Loss Carryforwards

250

2,444

Capital Loss Carryforwards and Other

 

3,538

 

2,723

Total Gross Deferred Tax Assets

 

60,345

 

68,040

Less: Valuation Allowance

 

(5,623)

 

(26,986)

Total Deferred Tax Assets

 

54,722

 

41,054

Net Deferred Tax Asset (Liability)

$

11,611

$

(426)

The Company continues to monitor developments by federal and state rulemaking authorities regarding tax law changes and recognizes the impact of these law changes in the period in which they are enacted.

As of December 31, 2019, the Company had a full valuation allowance of $27 million recorded against its net deferred assets as the Company was in a consolidated cumulative three-year loss position, and the Company was not relying upon projections of future taxable income in assessing their recoverability.  The Company assesses the available evidence on a quarterly basis to assess if, based on the weight of all available evidence, it is more likely than not that some portion, or all, of the deferred tax assets will not be realized.  The Company was no longer in a consolidated cumulative three-year loss position at December 31, 2020.  Based on the Company’s evaluation at a jurisdictional level as of December 31, 2020, the Company released valuation allowances of $20 million in the fourth quarter of 2020 in jurisdictions where the Company believes sufficient future taxable income, including consideration of future performance, market or economic conditions, will be generated to use existing deferred tax assets.  This release of the valuation allowance resulted in noncash income tax benefit in the fourth quarter of 2020 of $20 million. At December 31, 2020 the Company’s remaining valuation allowance was $5.6 million including the release of the valuation allowance and a $1.7 million adjustment to valuation allowances associated with deferred taxes for foreign operations. The amount of the deferred tax assets considered realizable could be adjusted in future periods if evidence warrants such a change.

As of December 31, 2020 and 2019, the Company had no remaining U.S. federal net operating loss carryforward. As of December 31, 2020 and 2019, respectively, the Company had state net loss carryforwards of $4 million and $39 million, which begin to expire in 2025. The Company had foreign net operating loss carryforwards of $14 million and $12 million at December 31, 2020 and 2019, respectively, which begin to expire in 2030.

The Company paid income taxes (net of refunds) of $10 million and $0.2 million in 2020 and 2019, respectively.

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted in response to the COVID-19 pandemic. The CARES Act, among other things, permits NOL carryovers and carrybacks to offset 100% of taxable income for taxable years beginning before 2021. In addition, the CARES Act allows NOLs incurred in 2018, 2019, and 2020 to be carried back to each of the five preceding taxable years to generate a refund of previously paid income taxes. The Company amended its 2018 tax return with respect to CARES Act items and carried the 2018 NOL back to 2013 resulting in a cash tax refund of $5 million, received in the third quarter 2020. 

As of December 31, 2020 and 2019, the Company had $0.2 million of gross unrecognized tax benefits related to Uncertain Tax Positions ($0.2 million net of federal tax benefit). It is reasonably possible that the amount of the unrecognized tax benefit with respect to certain of the uncertain tax positions will increase or decrease during the next 12 months; however, the Company does not expect the change in uncertain tax positions to have a significant effect on its results of operations, financial position or cash flows.

A reconciliation of the beginning and ending amount of gross unrecognized tax benefits, excluding interest and penalties, is as follows:

Year Ended December 31, 

2020

2019

Balance at beginning of year

$

225

 

$

3,610

 

Increase for tax positions related to current year

 

 

 

174

 

Decrease for tax positions related to prior years

 

 

 

(3,443)

 

Settlements

 

 

 

(116)

 

Balance at end of year

$

225

 

$

225

 

The Company files income tax returns with the U.S. federal government and various state and foreign jurisdictions. In the normal course of business, the Company is subject to examination by taxing authorities.   As of December 31, 2020, the Internal Revenue Service has completed audits of the Company’s income tax returns through 2016.