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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes [Abstract]  
Income Taxes

 

(10) INCOME TAXES

 

The provision (benefit) for income taxes included the following components:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2013

 

 

2012

 

 

2011

 

 

(in thousands)

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

(12,151)

 

$

15,500 

 

$

3,378 

State

 

 

1,080 

 

 

3,189 

 

 

820 

 

 

 

(11,071)

 

 

18,689 

 

 

4,198 

 

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

 

 

Federal

 

 

409,359 

 

 

(388,209)

 

 

345,922 

State

 

 

87,823 

 

 

(71,582)

 

 

60,941 

Foreign

 

 

763 

 

 

(2,037)

 

 

2,160 

 

 

 

 

 

 

 

 

 

 

 

 

 

497,945 

 

 

(461,828)

 

 

409,023 

Provision (benefit) for income taxes

 

$

486,874 

 

$

(443,139)

 

$

413,221 

 

 

The provision for income taxes was an effective rate of 40.9% in 2013,  38.5% in 2012  and 39.3% 2011. The following reconciles the provision for income taxes included in the consolidated statements of operations with the provision which would result from application of the statutory federal tax rate to pre-tax financial income: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2013

 

 

2012

 

 

2011

 

 

(in thousands)

 

 

 

 

 

 

 

 

 

 

Expected provision (benefit) at federal statutory rate

 

$

416,632 

 

$

(402,571)

 

$

367,854 

Increase (decrease) resulting from:

 

 

 

 

 

 

 

 

 

 State income taxes, net of federal income tax effect

 

 

53,130 

 

 

(44,454)

 

 

40,145 

 Nondeductible expenses

 

 

3,404 

 

 

2,100 

 

 

1,244 

 Other

 

 

13,708 

 

 

1,786 

 

 

3,978 

 

 

 

 

 

 

 

 

 

 

Provision (benefit) for income taxes

 

$

486,874 

 

$

(443,139)

 

$

413,221 

 

The components of the Company’s net deferred tax liability as of December 31, 2013 and 2012 were as follows:

 

 

 

 

 

 

 

 

 

 

 

 

2013

 

 

2012

 

 

(in thousands)

Deferred tax liabilities:

 

 

 

 

 

 

Differences between book and tax basis of property

 

$

2,114,685 

 

$

1,441,149 

Cash flow hedges

 

 

13,171 

 

 

112,625 

Other

 

 

10,715 

 

 

4,460 

 

 

 

2,138,571 

 

 

1,558,234 

 

 

 

 

 

 

 

Deferred tax assets:

 

 

 

 

 

 

Accrued compensation

 

 

15,718 

 

 

16,387 

Alternative minimum tax credit carryforward

 

 

76,864 

 

 

89,016 

Stored natural gas

 

 

9,272 

 

 

7,812 

Accrued pension costs

 

 

1,821 

 

 

7,686 

Asset retirement obligations

 

 

53,419 

 

 

39,249 

Net operating loss carryforward

 

 

411,994 

 

 

217,276 

Differences between book and tax basis of property - state

 

 

11,045 

 

 

16,872 

Other

 

 

7,405 

 

 

12,354 

 

 

 

587,538 

 

 

406,652 

Net deferred tax liability

 

$

1,551,033 

 

$

1,151,582 

 

The net deferred tax liability as of December 31, 2013 was comprised of net long-term deferred income tax liabilities of $1,526.7 million in addition to a net current deferred income tax liability of $24.3 million. The net deferred tax liability at December 31, 2012 was comprised of net long-term deferred income tax liabilities of $1,045.5 million, in addition to a net current deferred income tax liability of $106.1 million.  In 2013, the Company paid $3.3 million in state income taxes and paid $15.5 million in federal income taxes.  In 2012, the Company paid $0.8 million in state income taxes and did not pay any alternative minimum taxes.  The Company’s net operating loss carryforward as of December 31, 2013 was $1,174.7 million and $878.0 million for federal and state reporting purposes, respectively, the majority of which will expire between 2028 and 2032In 2013 the Company recorded a $2.9 million valuation allowance against our deferred tax asset for various state net operating losses. The Company also had an alternative minimum tax credit carryforward of $76.9 million and a statutory depletion carryforward of $12.9 million as of December 31, 2013.

 

Our effective tax rate increased in 2013 as compared with 2012. This was primarily due to a redetermination of the deferred state tax liability to reflect updated state apportionment factors in certain higher-rate states and the recording of a valuation allowance against a portion of our deferred tax asset for state net operating losses.

 

Deferred tax assets relating to tax benefits of employee stock option grants have been reduced to reflect exercises in 2012. Some exercises resulted in tax deductions in excess of previously recorded benefits based on the option value at the time of the grant (“windfalls”). Although these additional tax benefits or “windfalls” are reflected in net operating loss carryforwards, pursuant to GAAP, the additional tax benefit associated with the windfall is not recognized until the deduction reduces taxes payable. Accordingly, since the tax benefit does not reduce our current taxes payable in 2013 due to net operating loss carryforwards, these “windfall” tax benefits are not reflected in our net operating losses in deferred tax assets for 2013. Windfalls included in net operating loss carryforwards but not reflected in deferred tax assets for 2013 were $131.3 million.

 

As of December 31, 2013, the Company has no unrecognized tax benefits.  The income tax years 2010 to 2013 remain open to examination by the major taxing jurisdictions to which the Company is subject.

 

The Company has an income tax net operating loss carryforward related to its Canadian operations of $22.3 million, and has expiration dates of 2030 through 2033. The Company assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to utilize the existing deferred tax asset associated with the Canadian net operating loss. Based on this assessment, the Company did not record a valuation allowance as of December 31, 2013.