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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Taxes [Abstract]  
Income Taxes

(7) Income Taxes



The components of income (loss) from continuing operations before income taxes are as follows (in thousands):





 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 



 

Years ended December 31,



 

2016

 

2015

 

2014

Domestic

 

$

(1,097,109)

 

$

(2,069,019)

 

$

372,672 

Foreign

 

 

(3,232)

 

 

9,236 

 

 

69,517 



 

$

(1,100,341)

 

$

(2,059,783)

 

$

442,189 



The components of income tax expense (benefit) are as follows (in thousands):





 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 



 

Years ended December 31,



 

2016

 

2015

 

2014

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

(101,578)

 

$

(952)

 

$

150,997 

State

 

 

(159)

 

 

2,818 

 

 

11,339 

Foreign

 

 

19,156 

 

 

19,227 

 

 

36,287 



 

 

(82,581)

 

 

21,093 

 

 

198,623 

Deferred:

 

 

 

 

 

 

 

 

 

Federal

 

 

(179,721)

 

 

(249,193)

 

 

(33,172)

State

 

 

(9,348)

 

 

(10,034)

 

 

648 

Foreign

 

 

4,649 

 

 

(13,886)

 

 

(4,700)



 

 

(184,420)

 

 

(273,113)

 

 

(37,224)



 

$

(267,001)

 

$

(252,020)

 

$

161,399 



Income tax expense (benefit) differs from the amounts computed by applying the U.S. Federal income tax rate of 35% to income (loss) before income taxes as follows (in thousands):





 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 



 

Years ended December 31,



 

2016

 

2015

 

2014

Computed expected tax expense (benefit) 

 

$

(385,119)

 

$

(720,923)

 

$

154,766 

Increase (decrease) resulting from

 

 

 

 

 

 

 

 

 

State and foreign income taxes

 

 

(8,038)

 

 

(6,353)

 

 

8,467 

Reduction in value of assets

 

 

115,725 

 

 

464,395 

 

 

 -

Other

 

 

10,431 

 

 

10,861 

 

 

(1,834)

Income tax expense (benefit)

 

$

(267,001)

 

$

(252,020)

 

$

161,399 



The tax effects of temporary differences that give rise to significant components of deferred income tax assets and liabilities are as follows (in thousands):





 

 

 

 

 

 



 

 

 

 

 

 



 

December 31,



 

2016

 

2015

Deferred tax assets:

 

 

 

 

 

 

Allowance for doubtful accounts

 

$

9,172 

 

$

8,275 

Operating loss and tax credit carryforwards

 

 

85,383 

 

 

92,798 

Compensation and employee benefits

 

 

59,351 

 

 

59,310 

Decommissioning liabilities

 

 

40,994 

 

 

30,400 

Other

 

 

51,069 

 

 

57,768 



 

 

245,969 

 

 

248,551 

Valuation allowance

 

 

(6,722)

 

 

(5,395)

Net deferred tax assets

 

 

239,247 

 

 

243,156 



 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

Property, plant and equipment

 

 

352,683 

 

 

469,728 

Notes receivable

 

 

14,796 

 

 

14,796 

Goodwill and other intangible assets

 

 

98,868 

 

 

119,661 

Other

 

 

16,511 

 

 

22,040 

Deferred tax liabilities

 

 

482,858 

 

 

626,225 

Net deferred tax liability

 

$

243,611 

 

$

383,069 



The net deferred tax assets reflect management’s estimate of the amount that will be realized from future profitability and the reversal of taxable temporary differences that can be predicted with reasonable certainty.  A valuation allowance has been recognized on a portion of the state net operating loss carryforward deferred tax asset.  After considering all available evidence at December 31, 2016, the Company determined that it was more likely than not that a portion of the carryforward would not be realized.  Accordingly, the Company increased deferred income tax expense by an additional $1.3 million of the valuation allowance. 



At December 31, 2016, the Company had $320.8 million in U.S. net operating loss carryforwards, which are available to reduce future or prior taxable income.  The expiration dates for utilization of the loss carryforwards are 2021 through 2036.  At December 31, 2016, the Company also had various state net operating loss carryforwards with expiration dates from 2017 to 2031.  A net deferred tax asset of $26.5 million reflects the expected future tax benefit for the state loss carryforwards.  At December 31, 2016, the Company also had a U.S. foreign tax credit carryforward of $49.1 million with expiration dates from 2021 to 2026.



The Company has not provided U.S. income tax expense on earnings of its foreign subsidiaries, since the Company has reinvested or expects to reinvest outside the U.S. the undistributed earnings indefinitely.  At December 31, 2016, the Company’s foreign subsidiaries had an accumulated deficit in earnings.  The Company does not intend to repatriate the earnings of its foreign subsidiaries.  The Company has not provided U.S. income taxes for such earnings, except to the extent that such earnings were previously subject to U.S. income taxes.  These earnings could become subject to U.S. income tax if remitted, or if deemed remitted as a dividend.  It is not practicable to estimate the amount of taxes that might be payable on such undistributed earnings.



The Company files income tax returns in the U.S., including federal and various state filings, and certain foreign jurisdictions.  The number of years that are open under the statute of limitations and subject to audit varies depending on the tax jurisdiction.  The Company remains subject to U.S. federal tax examinations for years after 2012.

The Company had unrecognized tax benefits of $29.9 million, $29.7 million and $30.3  million as of December 31, 2016,  2015 and 2014, respectively, all of which would impact the Company’s effective tax rate if recognized. 

The activity in unrecognized tax benefits is as follows (in thousands):



 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 



 

Years ended December 31,



 

2016

 

2015

 

2014

Unrecognized tax benefits,

 

 

 

 

 

 

 

 

 

 December 31, 2015, 2014 and 2013, respectively

 

$

29,715 

 

$

30,344 

 

$

29,899 

Additions based on tax positions related to prior years

 

 

6,874 

 

 

6,752 

 

 

7,860 

Reductions based on tax positions related to prior years

 

 

(3,582)

 

 

 -

 

 

(5,438)

Reductions as a result of a lapse of the applicable statute of limitations

 

 

(3,051)

 

 

 -

 

 

(1,977)

Reductions relating to settlements with taxing authorities

 

 

 -

 

 

(7,381)

 

 

 -

Unrecognized tax benefits,  

 

 

 

 

 

 

 

 

 

December 31, 2016, 2015 and 2014, respectively

 

$

29,956 

 

$

29,715 

 

$

30,344 



The Company recorded $2.5 million, $1.0 million and $0.6 million of interest and penalty for 2016, 2015 and 2014, respectively, classified as a component of income tax expense in the consolidated statements of operations.  The amounts in the table above include cumulative accrued interest and penalties of $7.4 million, $4.6 million and $5.0 million at December 31, 2016, 2015 and 2014, respectively, which are included in other non-current liabilities on the consolidated balance sheets.