NOTE E – INCOME TAXES

Significant components of the provision or benefit for income taxes for the years ended December 31 were as follows:


	2015		2014		2013
	(in thousands)
Current provision:
Federal	$	9,156	$	18,063	$	12,739
State		165		23		865
Foreign		2,124		1,657		413
		11,445		19,743		14,017

Deferred provision (benefit):
Federal		12,914		1,575		(10,335)
State		3,589		3,366		160
Foreign		(68)		(249)		(192)
		16,435		4,692		(10,367)
Total provision for income taxes	$	27,880	$	24,435	$	3,650

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.

Significant components of the deferred tax provision or benefit for the years ended December 31 were as follows:


	2015		2014		2013
	(in thousands)
Amortization, depreciation, and basis differences for property, plant and equipment and other long-lived assets	$	21,098	$	3,579	$	(13,137)
Amortization of intangibles		(3,184)		(2,934)		(3,048)
Changes in reserves for workers’ compensation and cargo claims		(674)		(1,970)		(1,751)
Revenue recognition		7		361		(1,704)
Allowance for doubtful accounts		307		(501)		516
Foreign tax credit carryforward utilized		434		665		71
Nonunion pension and other retirement plans		(234)		(1,595)		3,493
Deferred compensation plans		541		350		530
Federal net operating loss carryforwards utilized		70		4,472		4,207
State net operating loss carryforwards utilized		623		2,812		254
State depreciation adjustments		(657)		(539)		569
Share-based compensation		(621)		959		(1,437)
Valuation allowance increase (decrease)		22		(696)		(1,436)
Leases		(969)		237		612
Other accrued expenses		1,256		(362)		3,284
Other		(1,584)		(146)		(1,390)
Deferred tax provision (benefit)	$	16,435	$	4,692	$	(10,367)

Significant components of the deferred tax assets and liabilities at December 31 were as follows:


	2015		2014
	(in thousands)
Deferred tax assets:
Accrued expenses	$	50,351	$	51,996
Pension liabilities		10,797		9,022
Postretirement liabilities other than pensions		9,552		8,589
Share-based compensation		6,926		6,310
Federal and state net operating loss carryovers		2,185		2,840
Other		2,032		1,654
Total deferred tax assets		81,843		80,411
Valuation allowance		(354)		(332)
Total deferred tax assets, net of valuation allowance		81,489		80,079

Deferred tax liabilities:
Amortization, depreciation, and basis differences for property, plant and equipment, and other long-lived assets		84,150		64,522
Intangibles		28,272		31,398
Revenue recognition		4,176		3,944
Prepaid expenses		4,503		4,393
Total deferred tax liabilities		121,101		104,257
Net deferred tax liabilities	$	(39,612)	$	(24,178)

Reconciliation between the effective income tax rate, as computed on income before income taxes, and the statutory federal income tax rate for the years ended December 31 is presented in the following table:


	2015			2014			2013
	(in thousands)
Income tax provision at the statutory federal rate	$	25,457		$	24,714		$	6,811
Federal income tax effects of:
State income taxes		(1,314)			(1,186)			(359)
Nondeductible expenses		1,426			1,239			1,090
Life insurance proceeds and changes in cash surrender value		(110)			(1,329)			(1,320)
Dividends received deduction		(3)			(6)			(9)
Alternative fuel credit		(1,141)			(1,148)			(1,935)
Increase (decrease) in valuation allowances		22			(696)			(1,436)
Other(1)		(2,267)			(1,950)			(440)
Federal income tax provision		22,070			19,638			2,402
State income tax provision		3,754			3,389			1,026
Foreign income tax provision		2,056			1,408			222
Total provision for income taxes	$	27,880		$	24,435		$	3,650
Effective tax rate		38.3	%		34.6	%		18.8	%

⁽¹⁾

Includes foreign income tax provision, as presented in this table.

Income taxes paid, excluding income tax refunds, totaled $39.0 million, $40.4 million, and $13.4 million in 2015, 2014, and 2013, respectively, before income tax refunds of $21.3 million, $11.9 million, and $8.1 million in 2015, 2014, and 2013, respectively.

The tax benefit for exercised options and the tax benefit of dividends on share‑based payment awards, which were reflected in paid‑in capital, were less than $0.1 million for 2015, $0.1 million for 2014 and $0.2 million for 2013.

The Company had state net operating loss carryforwards of $21.4 million and state contribution carryforwards of $1.0 million at December 31, 2015. These state net operating loss and contribution carryforwards expire in 5 to 20 years, with the majority of state expirations in 15 or 20 years. As of December 31, 2015 and 2014, the Company had a valuation allowance of $0.3 million related to foreign net operating loss carryforwards, due to the uncertainty of realization. A valuation allowance of $0.7 million relating to foreign tax credit carryforwards was reversed during 2014. Due to increased profitability of the foreign entities and actual and forecasted U.S. income, management concluded that realization of foreign tax credits was more likely than not. A valuation allowance of $1.5 million for certain state net operating losses and state deferred tax assets of the Company’s subsidiaries was reversed during 2013 as management determined the realization of the assets was more likely than not. Management’s determination was based on current and anticipated utilization of state net operating losses as a result of improved operating results in 2013 and other factors that arose in 2013 including the finalization of a new labor contract.

Consolidated federal income tax returns filed for tax years through 2011 are closed by the applicable statute of limitations. During 2014, the U.S. Internal Revenue Service (the “IRS”) completed an examination of the tax returns for 2010, 2011, and 2012, resulting in an adjustment of less than $0.1 million. The Company is under examination by certain other foreign and state taxing authorities. Although the outcome of such audits is always uncertain and could result in payment of additional taxes, the Company does not believe the results of any of these audits will have a material effect on its financial condition, results of operations, or cash flows.

For periods subsequent to the June 15, 2012 acquisition date, Panther has been included in consolidated federal income tax returns filed by the Company and in consolidated or combined state income tax returns in states permitting or requiring consolidated or combined income tax returns for affiliated groups such as the Company and its subsidiaries. For periods prior to the acquisition date, Panther and its subsidiaries filed a consolidated federal income tax return on a stand‑alone basis. The 2009 federal tax return of Panther was examined by the IRS and a report of no change was issued in 2013. Panther’s federal tax returns for years through 2011 are now closed by the statute of limitations. At December 31, 2015, Panther had federal net operating loss carryforwards of approximately $1.9 million from periods ending on or prior to June 15, 2012. State net operating loss carryforwards for the same periods are approximately $7.6 million. Federal net operating loss carryforwards will expire if not used within 16 years. State carryforward periods for Panther vary from 5 to 20 years. For federal tax purposes and for most states, the use of such carryforwards is limited by Section 382 of the Internal Revenue Code (“IRC”). The limitation applies by restricting the amount of net operating loss carryforwards that may be used in individual tax years subsequent to the acquisition date. However, it is not expected that the Section 382 limitation will result in the expiration of net operating loss carryforwards prior to their availability under Section 382.

The Company established a reserve for uncertain tax positions of $0.3 million at December 31, 2013, and increased the reserve to $0.7 million at December 31, 2014 as a result of additional credits taken on filed tax returns. The reserve relates to certain credits claimed on amended federal returns for 2009 and 2010. No regulations have been issued by the IRS related to the credit and, other than limited guidance issued to another taxpayer whose underlying facts differ from those of the Company, there is no other guidance or case law applicable to the credit, and the Company has no other information on how the IRS may interpret the related statute, the manner of calculation, and how the credit applies in the Company’s circumstances. As a result, the Company does not believe the credit meets the standard for recognition at December 31, 2015 under the applicable accounting standards, and has not adjusted the balance of the reserve from $0.7 million.

For 2015 and 2013, interest of less than $0.1 million was paid, and for 2014, no interest was paid, related to federal and state income taxes. Interest of $0.2 million was paid in 2013 for the amounts accrued in 2012 on foreign income tax obligations, and accrued interest on the foreign income tax obligations of less than $0.1 million remained at December 31, 2015. Any interest or penalties related to income taxes are charged to operating expenses.