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Note 7 - Income Taxes
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

7.

Income Taxes

 

Income tax expense attributable to earnings before income taxes consists of (in thousands):

 

   

Years ended December 31,

 
   

2019

   

2018

   

2017

 

Current:

                       

Federal

  $ 87,977     $ 22,904     $ 134,284  

State and local

    20,981       26,738       23,456  
      108,958       49,642       157,740  

Deferred:

                       

Federal

    51,229       97,670       (261,592 )

State and local

    4,388       3,921       12,828  
      55,617       101,591       (248,764 )

Total tax expense/(benefit)

  $ 164,575     $ 151,233     $ (91,024 )

 

Income tax expense attributable to earnings before income taxes differed from the amounts computed using the statutory federal income tax rate of 21% as follows (in thousands):

 

   

Years ended December 31,

 
   

2019

   

2018

   

2017

 

Income tax at federal statutory rate

  $ 142,988     $ 134,572     $ 208,334  

State tax, net of federal effect

    19,293       24,627       18,334  

Federal tax reform

    -       (3,219

)

    (309,223

)

Benefit of stock compensation

    (1,238

)

    (4,919

)

    (4,907

)

199/R&D credit

    (200

)

    1,000       (7,056

)

Nondeductible meals and entertainment

    1,688       1,071       1,374  

Change in effective state tax rate, net of federal benefit

    1,562       (1,469

)

    3,403  

Other, net

    482       (430

)

    (1,283

)

Total tax expense

  $ 164,575     $ 151,233     $ (91,024

)

 

The Tax Cuts and Jobs Act (the Act) was enacted in December 2017. Beginning in 2018, the Act reduced the U.S. federal corporate tax rate from 35% to 21%. At December 31, 2017, we had not completed our accounting for the tax effects of enactment of the Act. However, we made a reasonable estimate of the effects on our existing deferred tax assets and liabilities based on the rates at which they were expected to reverse in the future, which was generally 21%. The provisional amount recorded resulting from the remeasurement of our deferred tax balance was $309.2 million, which was included as a component of 2017 income tax from continuing operations. During 2018, we finalized our calculations for our 2017 federal income tax return, which was filed based on the law prior to the Act, resulting in no significant change to the initial measurement of these balances. Remaining aspects of the Act were not relevant to our operations.

 

Income taxes receivable was $60.9 million and $102.4 million at December 31, 2019 and 2018, respectively. These amounts have been included in other receivables in our Consolidated Balance Sheets. The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at December 31, 2019 and 2018, are presented below (in thousands):

 

   

December 31,

 
   

2019

   

2018

 

Deferred tax assets:

               

Insurance accruals

  $ 27,180     $ 34,889  

Allowance for doubtful accounts

    8,052       7,649  

Compensation accrual

    4,925       10,461  

Deferred compensation accrual

    24,521       20,396  

Federal benefit of state uncertain tax positions

    9,867       10,364  

Lease liabilities

    30,251       -  

State NOL carry-forward

    7,495       6,041  

Other

    6,357       4,626  

Total gross deferred tax assets

    118,648       94,426  

Valuation allowance

    (7,495

)

    (6,041

)

Total deferred tax assets, net of valuation allowance

    111,153       88,385  

Deferred tax liabilities:

               

Plant and equipment, principally due to differences in depreciation

    729,016       696,913  

Prepaid permits and insurance, principally due to expensing for income tax purposes

    39,285       33,594  

Lease right-of-use assets

    30,014       -  

Other

    11,916       1,339  

Total gross deferred tax liabilities

    810,231       731,846  

Net deferred tax liability

  $ 699,078     $ 643,461  

 

Guidance on accounting for uncertainty in income taxes prescribes recognition and measurement criteria and requires that we assess whether the benefits of our tax positions taken are more likely than not of being sustained under tax audits.  We have made adjustments to the balance of unrecognized tax benefits, a component of other long-term liabilities on our Consolidated Balance Sheets, as follows (in millions):

 

   

December 31,

 
   

2019

   

2018

   

2017

 

Beginning balance

  $ 52.2     $ 45.3     $ 35.4  

Additions based on tax positions related to the current year

    11.0       13.9       11.6  

Additions/(reductions) based on tax positions taken in prior years

    (6.5

)

    (2.4

)

    5.4  

Reductions due to settlements

    -       -       (2.4

)

Reductions due to lapse of applicable statute of limitations

    (6.1

)

    (4.6

)

    (4.7

)

Ending balance

  $ 50.6     $ 52.2     $ 45.3  

 

At December 31, 2019 and 2018, we had a total of $50.6 million and $52.2 million, respectively, in gross unrecognized tax benefits.  Of these amounts, $41.8 million and $43.1 million represent the amount of unrecognized tax benefits that, if recognized, would impact our effective tax rate in 2019 and 2018, respectively.  Interest and penalties related to income taxes are classified as interest expense in our Consolidated Statements of Earnings.  The amount of accrued interest and penalties recognized during the years ended December 31, 2019, 2018, and 2017, was $3.2 million, $2.4 million, and $2.1 million, respectively. Future changes to unrecognized tax benefits will be recognized as income tax expense and interest expense, as appropriate.  The total amount of accrued interest and penalties for such unrecognized tax benefits at December 31, 2019 and 2018, was $4.8 million and $4.6 million, respectively.

 

Tax years 2016 and forward remain subject to examination by federal tax jurisdictions, while tax years 2009 and forward remain open for state jurisdictions.