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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes [Abstract]  
Income Taxes
(15)
Income Taxes:
The following is a reconciliation of the provision for income taxes computed at the federal statutory rate to income taxes computed at the effective rates for the years ended December 31, 2019, 2018 and 2017:


 
2019
   
2018
   
2017
 
                   
Consolidated tax provision at federal statutory rate
   
21.0
%
   
21.0
%
   
35.0
%
State income tax provisions, net of federal income tax benefit
   
2.6
     
1.6
     
1.7
 
Tax reserve adjustment
   
-
     
0.1
     
0.1
 
Changes in certain deferred tax balances
   
(2.3
)
   
(3.5
)
   
(0.4
)
Goodwill impairment
   
(11.8
)
   
(10.4
)
   
(19.1
)
Share-based payments
   
(0.1
)
   
(0.5
)
   
-
 
Federal research and development credit
   
-
     
0.1
     
0.1
 
Deferred Tax Remeasurement - 2017 Tax Reform
   
-
     
0.6
     
26.1
 
All other, net
   
-
     
(0.2
)
   
(0.1
)
Effective tax rate
   
9.4
%
   
8.8
%
   
43.4
%

On December 22, 2017, the U.S. government enacted comprehensive tax legislation commonly known as the Tax Cut and Jobs Act (the TCJA). The TCJA, makes broad and complex changes to the U.S. tax code. The TCJA reduces the corporate tax rate to 21%, effective January 1, 2018. Under ASC 740, the effects of new legislation are recognized upon enactment. Accordingly, recognition of the tax effects of the TCJA were required in the interim and annual periods that include December 22, 2017.

On December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 (“SAB 118”), which allowed the Company to record provisional amounts during a measurement period not to extend beyond one year of the enactment date. As a result, the Company previously provided provisional estimates of the effect of the TCJA in the financial statements. In the fourth quarter of 2018, the Company completed our analysis to determine the effects of the TCJA and recorded immaterial adjustments as of December 31, 2018.

On July 1, 2019, the Board of Directors of Frontier Communications adopted a shareholder’s right plan (Rights Agreement) designed to protect the availability of the net operating loss carryforwards under the Internal Revenue Code (IRC). The Rights Agreement is intended to reduce the likelihood of an ownership change under Section 382 of the IRC by deterring any person or group of affiliated or associated persons from acquiring beneficial ownership of 4.9% or more of the outstanding common shares.

On March 18, 2020, the Families First Coronavirus Response Act (FFCR Act), and on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) were each enacted in response to the COVID-19 pandemic. The FFCR Act and the CARES Act contain numerous income tax provisions, such as relaxing limitations on the deductibility of interest and the use of net operating losses arising in taxable years beginning after December 31, 2017.

Income taxes includes the tax impact of $524 million, $72 million, and $608 million related to the goodwill impairment for the years ended December 31, 2019, 2018 and 2017, respectively.

As of December 31, 2019, amounts pertaining to expected income tax refunds of $1 million are included in “Income taxes and other current assets” in the consolidated balance sheet.

In 2019 and 2018, we paid net federal and state income tax totaling $4 million.

The components of the net deferred income tax liability (asset) at December 31 are as follows:

($ in millions)
 
2019
   
2018
 
             
Deferred income tax liabilities:
           
Property, plant and equipment basis differences
 
$
2,184
   
$
2,182
 
Intangibles
   
-
     
18
 
Deferred revenue/expense
   
65
     
66
 
Other, net
   
56
     
-
 
   
$
2,305
   
$
2,266
 
                 
Deferred income tax assets:
               
Pension liability
 
$
256
   
$
209
 
Intangibles
   
665
     
-
 
Tax operating loss carryforward
   
898
     
1,027
 
Employee benefits
   
184
     
176
 
Interest expense deduction limitation carryforward
   
238
     
104
 
Accrued expenses
   
37
     
41
 
Lease obligations
   
92
     
33
 
Tax credit
   
39
     
37
 
Allowance for doubtful accounts
   
32
     
26
 
Other, net
   
7
     
1
 
     
2,448
     
1,654
 
Less: Valuation allowance
   
(605
)
   
(497
)
Net deferred income tax asset
   
1,843
     
1,157
 
Net deferred income tax liability
 
$
462
   
$
1,109
 

Our federal net operating loss carryforward as of December 31, 2019 is estimated at $1.6 billion. The majority of the federal loss carryforward will begin to expire after 2036, with $202 million carrying forward indefinitely, unless otherwise used.

Our state tax operating loss carryforward as of December 31, 2019 is estimated at $9.8 billion. A portion of our state loss carryforward will continue to expire annually through 2039, unless otherwise used.

Our federal research and development credit as of December 31, 2019 is estimated at $21 million. The federal research and development credit will expire between 2034 and 2039, unless otherwise used.

Our various state credits as of December 31, 2019 are estimated at $36 million. The state credits will expire between 2020 and 2023, unless otherwise used.

As of December 31, 2019, Frontier has a valuation allowance of $605 million to reduce deferred tax assets to an amount more likely than not to be realized. This valuation allowance is related to state net operating losses, state tax credits, and the state impact from the federal limitation on interest expense deduction. In evaluating Frontier’s ability to realize its deferred tax assets, management considers whether it is more likely than not that some or all of the deferred tax assets will not be realized. Management also considered the projected reversal of deferred tax liabilities and projected future taxable income in making this assessment. Based upon this assessment, management believes it is more likely than not Frontier will realize the benefits of these deductible differences, net of valuation allowance.

The provision (benefit) for federal and state income taxes, as well as the taxes charged or credited to equity of Frontier, includes amounts both payable currently and deferred for payment in future periods as indicated below:

($ in millions)
 
2019
   
2018
   
2017
 
                   
Income tax expense (benefit):
                 
Current:
                 
Federal
 
$
1
   
$
(1
)
   
(4
)
State
   
7
     
6
     
5
 
Total Current
   
8
     
5
     
1
 
                         
Deferred:
                       
Federal
   
(606
)
   
(77
)
   
(1,312
)
State
   
(13
)
   
10
     
(72
)
Total Deferred
   
(619
)
   
(67
)
   
(1,384
)
Total income tax benefit
   
(611
)
   
(62
)
   
(1,383
)
                         
Income taxes charged (credited) to equity of Frontier:
                       
Utilization of the benefits arising from restricted stock
   
-
     
-
     
(1
)
Deferred income taxes (benefits) arising from the recognition of additional pension/OPEB liability
   
32
     
(31
)
   
7
 
                         
Total income taxes charged (credited) to equity of Frontier
   
32
     
(31
)
   
6
 
Total income tax benefit
 
$
(579
)
 
$
(93
)
 
$
(1,377
)

U.S. GAAP requires applying a “more likely than not” threshold to the recognition and derecognition of uncertain tax positions either taken or expected to be taken in Frontier’s income tax returns. The total amount of our gross tax liability for tax positions that may not be sustained under a “more likely than not” threshold amounts to $12 million as of December 31, 2019, including immaterial interest. The amount of our uncertain tax positions, for which it is reasonably possible that the total amounts of unrecognized tax benefits will significantly increase or decrease during the next twelve months, and which would affect our effective tax rate, is $0 as of December 31, 2019.

Frontier’s policy regarding the classification of interest and penalties is to include these amounts as a component of income tax expense. This treatment of interest and penalties is consistent with prior periods. We are subject to income tax examinations generally for the years 2015 forward for federal and 2015 forward for state filing jurisdictions. We also maintain uncertain tax positions in various state jurisdictions.

The following table sets forth the changes in Frontier’s balance of unrecognized tax benefits for the years ended December 31, 2019 and 2018:

($ in millions)
 
2019
   
2018
 
             
Unrecognized tax benefits - beginning of year
 
$
11
   
$
12
 
Gross increases - prior year tax positions
   
-
     
-
 
Gross increases - current year tax positions
   
1
     
-
 
Gross decreases - FIN 48 liability release
   
-
     
-
 
Gross decreases - expired statute of limitations
   
-
     
(1
)
Unrecognized tax benefits - end of year
 
$
12
   
$
11