XML 33 R20.htm IDEA: XBRL DOCUMENT v3.7.0.1
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The components of loss from continuing operations before income taxes and equity in earnings (losses) of joint venture for the years ended December 31, 2016, 2015 and 2014 were as follows:
 
2016
 
2015
 
2014
Domestic
$
(104,524
)
 
$
(201,375
)
 
$
(122,511
)
Non-U.S.
(7,935
)
 
(33,550
)
 
(30,841
)

The provision (benefit) for income taxes for the years ending December 31, 2016, 2015 and 2014 consisted of the following components:
 
2016
 
2015
 
2014
Federal
 
 
 
 
 
current
$

 
$

 
$

deferred
(4,231
)
 
(21,700
)
 
(25,023
)
State
 
 
 
 
 
current
25

 
70

 
32

deferred
(114
)
 
(927
)
 
(3,959
)
Foreign
 
 
 
 
 
current
1,783

 
2,149

 
(1,898
)
deferred
(9
)
 
(3,162
)
 
7,905

 
$
(2,546
)
 
$
(23,570
)
 
$
(22,943
)


The items accounting for differences between the income tax benefit computed at the federal statutory rate and the provision for income taxes for the years ended December 31, 2016, 2015 and 2014 were as follows:
 
2016
 
2015
 
2014
Federal income tax at statutory rates
$
(39,361
)
 
$
(82,226
)
 
$
(53,673
)
State income taxes, net of federal income tax benefits
(5,118
)
 
(8,784
)
 
(651
)
Permanent items:
 
 
 
 
 
Section 956 inclusions
13,132

 

 

Convertible debt – non-deductible
3,024

 

 

Goodwill impairment

 

 
10,454

Other permanent differences
2,719

 
2,369

 
285

Federal and state income tax on joint venture
(1,660
)
 
(558
)
 
2,912

Rate differential on foreign income
795

 
3,305

 
11,512

Valuation allowance
23,746

 
63,511

 
4,888

Audit settlements

 
171

 
99

Other
177

 
(1,358
)
 
1,231

Income tax (benefit)
$
(2,546
)
 
$
(23,570
)
 
$
(22,943
)
Effective income tax (benefit) rate
2.3
%
 
10.0
%
 
15.0
%

Significant components of deferred tax assets and liabilities of December 31, 2016 and 2015 are as follows:
 
2016
 
2015
Deferred tax assets:
 
 
 
Pension and postretirement benefits
$
809

 
$
4,139

Deferred compensation
595

 
1,357

Restructuring related and other reserves
4

 
842

Alternative minimum tax and net operating loss carryforward
91,769

 
66,709

Intangible assets and goodwill
11,647

 
5,993

Other, net
2,818

 
3,399

Deferred tax assets before valuation allowance
107,642

 
82,439

Valuation allowance
(79,908
)
 
(63,955
)
Total deferred tax assets
$
27,734

 
$
18,484

Deferred tax liabilities:
 
 
 
Depreciation
$
5,006

 
$
8,147

Inventory
20,172

 
6,071

Convertible debt discount
1,883

 
4,075

Other, net
292

 
3,982

Total deferred tax liabilities
27,353

 
22,275

Net deferred tax assets (liabilities)
$
381

 
$
(3,791
)


As of December 31, 2016, the Company had $197,930 of federal and $232,759 of state net operating loss carryforwards which will begin expiring in 2032 and 2017, respectively, $2,010 of federal credits which will carry forward for an indefinite period and $546 of state credit carryforwards which will begin expiring in 2024. The future utilization of a portion of the Company’s federal and state net operating losses is expected to be limited by IRC Section 382 due to ownership changes in 2016 and 2015; however, at this time that amount has not been quantified. As of December 31, 2016, the Company had $39,934 of foreign net operating loss carryforwards, of which a significant portion carry forward for an indefinite period.

The Company continues to maintain valuation allowances against substantially all U.S. and foreign deferred tax assets to reduce those deferred tax assets to amounts that are realizable either through future reversals of existing taxable temporary differences or through taxable income in carryback years for the applicable jurisdictions.
Activity in the Company's valuation allowances for the U.S. and non-U.S. operations were as follows for the years ended December 31, 2016, 2015 and 2014:
 
2016
 
2015
 
2014
Domestic
 
 
 
 
 
Balance, beginning of year
$
55,474

 
$

 
$

Provision charged to expense
18,906

 
55,474

 

Provision charged to discontinued operations and other comprehensive income
(4,697
)
 

 

Balance, end of year
$
69,683

 
$
55,474

 
$

Foreign
 
 
 
 
 
Balance, beginning of year
$
8,481

 
$
4,888

 
$

Impact of foreign exchange on beginning of year balance
(702
)
 
(553
)
 

Provision charged to expense
2,446

 
4,146

 
4,888

Balance, end of year
$
10,225

 
$
8,481

 
$
4,888



The Company is subject to taxation in the United States, state jurisdictions and foreign jurisdictions. Significant judgment is required in determining the worldwide provision for income taxes and recording the related income tax assets and liabilities. The Company recognizes the financial statement benefit of a tax position only after determining that the relevant tax authority would more-likely-than-not sustain the position following an audit. For tax positions meeting the more-likely-than-not criterion, the amount recognized in the financial statements is the largest benefit that has a greater than 50 percent likelihood of being realized upon ultimate settlement with the relevant tax authority.

In the ordinary course of business, the Company is subject to review by domestic and foreign taxing authorities, including the IRS. In general, the Company is no longer subject to audit by the IRS for tax years through 2012 and state, local or foreign taxing authorities for tax years through 2011. Various other taxing authorities are in the process of auditing income tax returns of the Company and its subsidiaries. The Company does not anticipate that any adjustments from the audits would have a material impact on its consolidated financial position, results of operations or cash flows.

During 2016, the Company pledged its foreign assets as collateral for the Credit Facilities. This resulted in a foreign income inclusion in the U.S. under IRC Section 956, which was comprised of current and accumulated earnings and profits. There are no remaining undistributed earnings as of December 31, 2016 on which the Company would need to record any additional deferred tax liability.