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Income Taxes
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
Income Taxes

(4)

INCOME TAXES

Our income tax expense was $396.5 million for the year ended December 31, 2014 compared to $33.9 million in 2013 and $12.1 million in 2012. Reconciliation between the statutory federal income tax rate and our effective income tax rate is as follows:

 

Year Ended December 31,

 

 

2014

 

2013

 

 

2012

 

Federal statutory tax rate

35.0

%

 

35.0

%

 

 

35.0

%

State

3.1

 

 

(2.3

)

 

 

0.7

 

State apportionment rate change

(0.2

)

 

(14.9

)

 

 

¾

 

Non-deductible executive compensation

0.2

 

 

0.7

 

 

 

1.4

 

Valuation allowances

0.2

 

 

3.5

 

 

 

8.8

 

Other

0.2

 

 

0.6

 

 

 

2.2

 

Consolidated effective tax rate

38.5

%

 

22.6

%

 

 

48.1

%

Income tax expense (benefit) attributable to income before income taxes consists of the following (in thousands):

 

 

 

2014

 

 

 

2013

 

 

 

2012

 

 

 

 

Current

 

 

Deferred

 

 

Total

 

 

Current

 

 

Deferred

 

 

Total

 

 

Current

 

 

Deferred

 

 

Total

 

U.S. federal

 

$

¾

 

 

$

361,152

 

 

$

361,152

 

 

$

¾

 

 

$

58,527

 

 

$

58,527

 

 

$

 

 

$

11,873

 

 

$

11,873

 

U.S. state and local

 

 

1

 

 

 

35,350

 

 

 

35,351

 

 

 

(143

)

 

 

(24,527

)

 

 

(24,670

)

 

 

(1,778

)

 

 

1,959

 

 

 

181

 

Total

 

$

1

 

 

$

396,502

 

 

$

396,503

 

 

$

(143

)

 

$

34,000

 

 

$

33,857

 

 

$

(1,778

)

 

$

13,832

 

 

$

12,054

 

Significant components of deferred tax assets and liabilities are as follows:

 

December 31,

 

 

2014

 

  

2013

 

 

(in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

Current

 

 

 

 

 

 

 

Deferred compensation

$

9,286

 

 

$

9,128

 

Current portion of asset retirement obligation

 

5,745

 

 

 

1,854

 

Cumulative mark-to-market loss

 

584

 

 

 

15,193

 

Net operating loss carryforward

 

 

 

 

23,079

 

Other

 

9,921

 

 

 

7,936

 

Total current

 

25,536

 

 

 

57,190

 

Non-current

 

 

 

 

 

 

 

Net operating loss carryforward

 

176,812

 

 

 

57,266

 

Deferred compensation

 

64,656

 

 

 

91,094

 

Equity compensation

 

25,833

 

 

 

22,800

 

AMT credits and other credits

 

4,447

 

 

 

4,122

 

Non-current portion of asset retirement obligation

 

104,063

 

 

 

86,126

 

Cumulative mark-to-market loss

 

65

 

 

 

¾

 

Other

 

987

 

 

 

1,116

 

Valuation allowance

 

(16,599

)

 

 

(14,781

)

Total non-current

 

360,264

 

 

 

247,743

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Current

 

 

 

 

 

 

 

Net gain in AOCI related to hedge derivatives

 

 

 

 

(3,987

)

Other

 

(2,350

)

 

 

(1,789

)

Cumulative mark-to-market gain

 

(138,773

)

 

 

¾

 

Total current

 

(141,123

)

 

 

(5,776

)

Non-current

 

 

 

 

 

 

 

Depreciation, depletion and investments

 

(1,342,039

)

 

 

(1,010,757

)

Cumulative mark-to-market gain

 

(15,410

)

 

 

(6,424

)

Other

 

(310

)

 

 

(2,542

)

Total non-current

 

(1,357,759

)

 

 

(1,019,723

)

Net deferred tax liability

$

(1,113,082

)

 

$

(720,566

)

At December 31, 2014, deferred tax liabilities exceeded deferred tax assets by $1.1 billion. As of December 31, 2014, we have a $7.8 million valuation allowance on the deferred tax asset related to our deferred compensation plan for planned future distributions to certain executives to the extent that their estimated future compensation plus distribution amounts would exceed the $1.0 million deductible limit provided under I.R.C. Section 162(m). We also have an $8.8 million valuation allowance on our Oklahoma net operating loss carryforwards.

At December 31, 2014, we had regular net operating loss (“NOL”) carryforwards of $641.4 million and alternative minimum tax (“AMT”) NOL carryforwards of $557.3 million that expire between 2018 and 2034. Our federal deferred tax asset related to regular NOL carryforwards at December 31, 2014 was $130.8 million, which is net of the Accounting Standards Codification 718, “Stock Compensation” reduction for unrealized benefits, related to NOL’s created by excess tax deductions that have not generated current tax benefits. At December 31, 2014, we have AMT credit carryforwards of $665,000 that are not subject to limitation or expiration.

We file consolidated tax returns in the United States federal jurisdiction. We file separate company state income tax returns in Louisiana, Mississippi, Pennsylvania and Virginia and file consolidated or unitary state income tax returns in Oklahoma, Texas and West Virginia. We are subject to U.S. Federal income tax examinations for the years 2011 and after and we are subject to various state tax examinations for years 2010 and after. We have not extended the statute of limitation period in any income tax jurisdiction. Our policy is to recognize interest related to income tax expense in interest expense and penalties in general and administrative expense. We do not have any accrued interest or penalties related to tax amounts as of December 31, 2014. Throughout 2014, our unrecognized tax benefits were not material.