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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

 

14. INCOME TAXES

For the years ended December 31, 2018, 2017 and 2016, the provision for (benefit from) income taxes is comprised of the following:

 

 

 

2018

 

 

2017

 

 

2016

 

Current income tax provision (benefit)

 

(In thousands)

 

Federal

 

$

(99

)

 

$

(66

)

 

$

(72

)

State

 

 

1,113

 

 

 

1,525

 

 

 

442

 

Foreign

 

 

7

 

 

 

12

 

 

 

23

 

Total current income tax provision

 

 

1,021

 

 

 

1,471

 

 

 

393

 

Deferred income tax provision (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

13,019

 

 

 

(74,312

)

 

 

5,169

 

State

 

 

3,875

 

 

 

(12,165

)

 

 

3,768

 

Total deferred income tax provision (benefit)

 

 

16,894

 

 

 

(86,477

)

 

 

8,937

 

Total income tax provision (benefit)

 

$

17,915

 

 

$

(85,006

)

 

$

9,330

 

 

The deferred income tax provision (benefit) represents 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. Cash paid for income taxes totaled $0.8 million, $0.5 million and $0.8 million, for the years ended December 31, 2018, 2017 and 2016, respectively.

The components of deferred income tax assets and liabilities as of December 31, 2018 and 2017 are as follows:

 

 

 

2018

 

 

2017

 

Deferred income tax assets:

 

(In thousands)

 

Acquisition and debt related costs

 

$

5,814

 

 

$

5,557

 

Net operating losses

 

 

180,658

 

 

 

201,604

 

Goodwill impairment

 

 

53,972

 

 

 

54,207

 

Self-insurance

 

 

6,847

 

 

 

6,992

 

Deferred revenue

 

 

2,718

 

 

 

2,627

 

Cash flow hedge

 

 

 

 

 

2,282

 

Restricted stock

 

 

4,472

 

 

 

4,097

 

Tax credits

 

 

9,317

 

 

 

7,922

 

Other

 

 

7,779

 

 

 

7,263

 

Total deferred income tax assets

 

 

271,577

 

 

 

292,551

 

Valuation allowance

 

 

(2,762

)

 

 

(2,762

)

Net deferred tax assets

 

 

268,815

 

 

 

289,789

 

Deferred income tax liabilities:

 

 

 

 

 

 

 

 

Property and equipment

 

 

(192,224

)

 

 

(201,019

)

Amortization - Goodwill

 

 

(41,803

)

 

 

(37,291

)

Amortization - Other Intangibles

 

 

(18,144

)

 

 

(15,193

)

Cash flow hedge

 

 

(836

)

 

 

 

Other

 

 

(2,992

)

 

 

(3,466

)

Total deferred income tax liabilities

 

 

(255,999

)

 

 

(256,969

)

Net deferred income tax assets

 

$

12,816

 

 

$

32,820

 

 

The Company files federal, state and provincial income tax returns in various jurisdictions with varying statute of limitation expiration dates.  Under the tax statute of limitations applicable to the Internal Revenue Code of 1986, as amended (the “Code”), the Company is no longer subject to U.S. federal income tax examinations by the Internal Revenue Service for years before 2013.  However, because the Company is carrying forward income tax attributes, such as net operating losses and tax credits from 2009 and subsequent years, these attributes can still be audited when utilized on returns filed in the future.  The Company has determined that there are no positions currently taken that would rise to a level requiring an amount to be recorded or disclosed as an unrecognized tax benefit. If such positions do arise, it is the Company’s intent that any interest or penalty amount related to such positions will be recorded as a component of the income tax provision in the applicable period.

The Company has federal tax net operating loss carryforwards of approximately $615.3 million as of December 31, 2018 and state net operating loss carryforwards spread across various jurisdictions with a combined total of approximately $990.5 million as of December 31, 2018. These net operating loss carryforwards, if not used to reduce taxable income in future periods, will begin to expire in 2029, for both federal and state tax purposes.

Realization of the deferred income tax assets, primarily arising from these net operating loss carryforwards and charitable contribution carryforwards, is dependent upon generating sufficient taxable income prior to expiration of the carryforwards, which may include the reversal of deferred tax liability components.  

Due to the uncertainty of realizing the benefit from the deferred tax asset recorded for state net operating loss carryforwards, the Company has recorded a valuation allowance of approximately $2.8 million, net of federal tax benefit, on the deferred tax assets related to those state net operating losses as of December 31, 2018 and 2017. As of December 31, 2017, the Company had approximately $0.4 million of charitable contributions which expired unused.  

During 2017, an ownership shift of more than 50 percent as defined by the Internal Revenue Code (“IRC”) Section 382 occurred. The Company determined that, while an ownership shift occurred and limits were determined under Section 382 and the regulations and guidance thereunder, the applicable limits would not impair the value or anticipated use of the Company’s federal and state net operating losses. Although realization is not assured, management believes it is more likely than not that any limitation under IRC Section 382 will not impair the realizability of the deferred income tax assets related to federal and state tax net operating loss carryforwards. However, the annual limitations may impact the timeframe over which the net operating loss carryforwards can be used, potentially impacting the cash tax liabilities in a future period.

The reconciliation between the statutory income tax rate and the Company’s effective income tax provision (benefit) rate for the years ended December 31, 2018, 2017 and 2016, is as follows:

 

 

2018

 

 

2017

 

 

2016

 

 

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

 

 

(In thousands)

 

 

Income tax at federal statutory rates

 

$

13,167

 

 

 

21.00

 

%

$

(100,587

)

 

 

35.00

 

%

$

(1,120

)

 

 

35.00

 

%

Federal net operating loss adjustment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

422

 

 

 

(13.18

)

 

State taxes, net of federal benefit

 

 

4,640

 

 

 

7.40

 

 

 

(5,800

)

 

 

2.02

 

 

 

1,870

 

 

 

(58.42

)

 

Nondeductible equity-based compensation

 

 

668

 

 

 

1.07

 

 

 

2,901

 

 

 

(1.01

)

 

 

8,806

 

 

 

(275.10

)

 

Tax credits

 

 

(1,221

)

 

 

(1.95

)

 

 

(730

)

 

 

0.25

 

 

 

(1,881

)

 

 

58.75

 

 

Goodwill impairment

 

 

 

 

 

 

 

 

17,584

 

 

 

(6.12

)

 

 

 

 

 

 

 

Remeasurement of deferred income tax liabilities resulting from Tax Cuts and Jobs Act

 

 

 

 

 

 

 

 

(1,808

)

 

 

0.63

 

 

 

 

 

 

 

 

Nondeductible settlement

 

 

840

 

 

 

1.34

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Valuation allowance

 

 

 

 

 

 

 

 

1,688

 

 

 

(0.59

)

 

 

(882

)

 

 

27.55

 

 

Other

 

 

(179

)

 

 

(0.29

)

 

 

1,746

 

 

 

(0.60

)

 

 

2,115

 

 

 

(66.07

)

 

Income tax provision (benefit)

 

$

17,915

 

 

 

28.57

 

%

$

(85,006

)

 

 

29.58

 

%

$

9,330

 

 

 

(291.47

)

%

 

On December 22, 2017, the United States enacted the Tax Cuts and Jobs Act (the “Tax Act”).  The Tax Act makes significant modifications to the provisions of the Internal Revenue Code, including but not limited to a corporate tax rate decrease from 35% to 21% effective as of January 1, 2018.  The Company’s net deferred tax assets and liabilities were revalued at the newly enacted U.S. corporate rate in the year of enactment.