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

13. INCOME TAXES

For the years ended December 31, 2020, 2019 and 2018, the (benefit from) provision for income taxes is comprised of the following:

 

 

2020

 

 

2019

 

 

2018

 

Current income tax provision

 

(In thousands)

 

Federal

 

$

(136

)

 

$

(77

)

 

$

(99

)

State

 

 

1,020

 

 

 

1,580

 

 

 

1,113

 

Foreign

 

 

5

 

 

 

27

 

 

 

7

 

Total current income tax provision

 

 

889

 

 

 

1,530

 

 

 

1,021

 

Deferred income tax (benefit) provision:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(19,718

)

 

 

21,825

 

 

 

13,019

 

State

 

 

(11,696

)

 

 

16,173

 

 

 

3,875

 

Total deferred income tax (benefit) provision

 

 

(31,414

)

 

 

37,998

 

 

 

16,894

 

Total income tax (benefit) provision

 

$

(30,525

)

 

$

39,528

 

 

$

17,915

 

 

The deferred income tax (benefit) provision 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 $0.5 million, $1.4 million and $0.8 million, for the years ended December 31, 2020, 2019 and 2018, respectively.

The components of deferred income tax assets and liabilities as of December 31, 2020 and 2019 are as follows:

 

 

 

2020

 

 

2019

 

Deferred income tax assets:

 

(In thousands)

 

Acquisition and debt related costs

 

$

4,128

 

 

$

5,550

 

Net operating losses

 

 

272,943

 

 

 

180,693

 

Goodwill impairment

 

 

53,887

 

 

 

54,271

 

Self-insurance

 

 

7,410

 

 

 

7,308

 

Deferred revenue

 

 

5,707

 

 

 

2,546

 

Cash flow hedge

 

 

 

 

 

571

 

Restricted stock

 

 

2,826

 

 

 

4,411

 

Tax credits

 

 

10,577

 

 

 

10,230

 

Legal settlements

 

 

645

 

 

 

8,590

 

Lease obligations

 

 

29,943

 

 

 

32,078

 

Interest limitation

 

 

463

 

 

 

 

Other

 

 

6,061

 

 

 

5,200

 

Total deferred income tax assets

 

 

394,590

 

 

 

311,448

 

Valuation allowance

 

 

(65,617

)

 

 

(5,216

)

Net deferred tax assets

 

 

328,973

 

 

 

306,232

 

Deferred income tax liabilities:

 

 

 

 

 

 

 

 

Property and equipment

 

 

(211,729

)

 

 

(225,827

)

Amortization - Goodwill

 

 

(51,435

)

 

 

(46,688

)

Amortization - Other intangibles

 

 

(26,080

)

 

 

(22,979

)

Right of use assets

 

 

(29,631

)

 

 

(31,940

)

Other

 

 

(3,023

)

 

 

(2,558

)

Total deferred income tax liabilities

 

 

(321,898

)

 

 

(329,992

)

Net deferred income tax assets (liabilities)

 

$

7,075

 

 

$

(23,760

)

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 2016.  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 $1.0 billion as of December 31, 2020 and state net operating loss carryforwards spread across various jurisdictions with a combined total of approximately $1.2 billion as of December 31, 2020. 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.  

The Company believes it is more likely than not that some of its deferred tax assets will not be realized. Therefore, the Company has recorded a valuation allowance of approximately $39.5 million for federal net operating loss carryforwards, approximately $7.1 million for federal tax credits and approximately $4.0 million for federal and state charitable contributions as of December 31, 2020. Separately, the Company has recorded a valuation allowance of approximately $15.0 million and $5.2 million, net of federal tax benefit, on the deferred tax assets related to state net operating loss carryforwards as of December 31, 2020 and 2019, respectively. The Company’s valuation allowances, in part, rely on estimates and assumptions related to future financial performance.  Given the macroeconomic environment related to the COVID-19 pandemic and the uncertainties regarding the related impact on financial performance, the Company’s valuation allowances may need to be adjusted in the future.

 

 

The reconciliation between the statutory income tax rate and the Company’s effective income tax provision (benefit) rate for the years ended December 31, 2020, 2019 and 2018, is as follows:

 

 

2020

 

 

2019

 

 

2018

 

 

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

Amount

 

 

%

 

 

 

 

(In thousands)

 

 

Income tax at federal statutory rates

 

$

(71,998

)

 

 

21.00

 

%

$

27,091

 

 

 

21.00

 

%

$

13,167

 

 

 

21.00

 

%

State taxes, net of federal benefit

 

 

(15,816

)

 

 

4.61

 

 

 

7,645

 

 

 

5.93

 

 

 

4,640

 

 

 

7.40

 

 

Equity-based compensation

 

 

(485

)

 

 

0.14

 

 

 

(1,776

)

 

 

(1.38

)

 

 

668

 

 

 

1.07

 

 

Tax credits

 

 

(304

)

 

 

0.09

 

 

 

(795

)

 

 

(0.62

)

 

 

(1,221

)

 

 

(1.95

)

 

Impact of state rate changes

 

 

(3,906

)

 

 

1.14

 

 

 

3,770

 

 

 

2.92

 

 

 

(379

)

 

 

(0.60

)

 

Nondeductible settlement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

840

 

 

 

1.34

 

 

Valuation allowance - state

 

 

10,450

 

 

 

(3.05

)

 

 

2,455

 

 

 

1.90

 

 

 

 

 

 

 

 

Valuation allowance - federal

 

 

49,951

 

 

 

(14.57

)

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

1,583

 

 

 

(0.46

)

 

 

1,138

 

 

 

0.89

 

 

 

200

 

 

 

0.31

 

 

Income tax (benefit) provision

 

$

(30,525

)

 

 

8.90

 

%

$

39,528

 

 

 

30.64

 

%

$

17,915

 

 

 

28.57

 

%