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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

13. INCOME TAXES

For the years ended December 31, 2019, 2018 and 2017, the provision for (benefit from) income taxes is comprised of the following:

 

 

2019

 

 

2018

 

 

2017

 

Current income tax provision (benefit)

 

(In thousands)

 

Federal

 

$

(77

)

 

$

(99

)

 

$

(66

)

State

 

 

1,580

 

 

 

1,113

 

 

 

1,525

 

Foreign

 

 

27

 

 

 

7

 

 

 

12

 

Total current income tax provision

 

 

1,530

 

 

 

1,021

 

 

 

1,471

 

Deferred income tax provision (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

21,825

 

 

 

13,019

 

 

 

(74,312

)

State

 

 

16,173

 

 

 

3,875

 

 

 

(12,165

)

Total deferred income tax provision (benefit)

 

 

37,998

 

 

 

16,894

 

 

 

(86,477

)

Total income tax provision (benefit)

 

$

39,528

 

 

$

17,915

 

 

$

(85,006

)

 

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 $1.4 million, $0.8 million and $0.5 million, for the years ended December 31, 2019, 2018 and 2017, respectively.

The components of deferred income tax assets and liabilities as of December 31, 2019 and 2018 are as follows:

 

 

 

2019

 

 

2018

 

Deferred income tax assets:

 

(In thousands)

 

Acquisition and debt related costs

 

$

5,550

 

 

$

5,814

 

Net operating losses

 

 

180,693

 

 

 

180,658

 

Goodwill impairment

 

 

54,271

 

 

 

53,972

 

Self-insurance

 

 

7,308

 

 

 

6,847

 

Deferred revenue

 

 

2,546

 

 

 

2,718

 

Cash flow hedge

 

 

571

 

 

 

 

Restricted stock

 

 

4,411

 

 

 

4,472

 

Tax credits

 

 

10,230

 

 

 

9,317

 

Legal settlements

 

 

8,590

 

 

 

 

Lease obligations

 

 

32,078

 

 

 

 

Other

 

 

5,200

 

 

 

7,779

 

Total deferred income tax assets

 

 

311,448

 

 

 

271,577

 

Valuation allowance

 

 

(5,216

)

 

 

(2,762

)

Net deferred tax assets

 

 

306,232

 

 

 

268,815

 

Deferred income tax liabilities:

 

 

 

 

 

 

 

 

Property and equipment

 

 

(225,827

)

 

 

(192,224

)

Amortization - Goodwill

 

 

(46,688

)

 

 

(41,803

)

Amortization - Other intangibles

 

 

(22,979

)

 

 

(18,144

)

Right of use assets

 

 

(31,940

)

 

 

 

Cash flow hedge

 

 

 

 

 

(836

)

Other

 

 

(2,558

)

 

 

(2,992

)

Total deferred income tax liabilities

 

 

(329,992

)

 

 

(255,999

)

Net deferred income tax (liabilities) assets

 

$

(23,760

)

 

$

12,816

 

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 2015.  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 $659.1 million as of December 31, 2019 and state net operating loss carryforwards spread across various jurisdictions with a combined total of approximately $849.0 million as of December 31, 2019. 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, as of December 31, 2019 and 2018, the Company has recorded a valuation allowance of approximately $5.2 million and $2.8 million, net of federal tax benefit, respectively, on the deferred tax assets related to those state net operating losses.

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, after consideration of the current valuation allowance related to state net operating loss carryforwards, management believes it is more likely than not that any limitation under IRC Section 382 will not impair the realizability of the net 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, 2019, 2018 and 2017, is as follows:

 

 

2019

 

 

2018

 

 

2017

 

 

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

 

 

(In thousands)

 

 

Income tax at federal statutory rates

 

$

27,091

 

 

 

21.00

 

%

$

13,167

 

 

 

21.00

 

%

$

(100,587

)

 

 

35.00

 

%

State taxes, net of federal benefit

 

 

7,645

 

 

 

5.93

 

 

 

4,640

 

 

 

7.40

 

 

 

(5,800

)

 

 

2.02

 

 

Equity-based compensation

 

 

(1,776

)

 

 

(1.38

)

 

 

668

 

 

 

1.07

 

 

 

2,901

 

 

 

(1.01

)

 

Tax credits

 

 

(795

)

 

 

(0.62

)

 

 

(1,221

)

 

 

(1.95

)

 

 

(730

)

 

 

0.25

 

 

Goodwill impairment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17,584

 

 

 

(6.12

)

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1,808

)

 

 

0.63

 

 

Impact of state rate changes

 

 

3,770

 

 

 

2.92

 

 

 

(379

)

 

 

(0.60

)

 

 

(53

)

 

 

(0.02

)

 

Nondeductible settlement

 

 

 

 

 

 

 

 

840

 

 

 

1.34

 

 

 

 

 

 

 

 

Valuation allowance - state

 

 

2,455

 

 

 

1.90

 

 

 

 

 

 

 

 

 

1,688

 

 

 

(0.59

)

 

Other

 

 

1,138

 

 

 

0.89

 

 

 

200

 

 

 

0.31

 

 

 

1,799

 

 

 

(0.58

)

 

Income tax provision (benefit)

 

$

39,528

 

 

 

30.64

 

%

$

17,915

 

 

 

28.57

 

%

$

(85,006

)

 

 

29.58

 

%

 

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.