INCOME TAXES

Overview

For the years ended December 31, 2015 and 2014, the Company recorded a provision for income taxes from continuing operations of $916,000 and $857,000, respectively, compared to a benefit of $4,196,000 in 2013. The provision (benefit) for income taxes of continuing operations is composed of the following components:



	Year Ended December 31,
	2015			2014		2013
Current provision (benefit) :
Federal	$	1,191,000		$	10,000	$	(77,000	)
State	947,000			10,000		29,000
	2,138,000			20,000		(48,000		)
Deferred provision (benefit):
Federal	(783,000		)	798,000		(4,402,000		)
State	(439,000		)	39,000		254,000
	(1,222,000		)	837,000		(4,148,000		)
Provision (benefit) for income taxes of continuing operations
	$	916,000		$	857,000	$	(4,196,000	)

A reconciliation of taxes computed at statutory income tax rates on income (loss) from continuing operations is as follows:



	Year Ended December 31,
	2015			2014			2013
Provision (benefit) for federal income taxes at statutory rates	$	1,247,000		$	784,000		$	(3,804,000	)
Provision (benefit) for state income taxes, net of federal benefit	688,000			76,000			(187,000		)
Valuation allowance changes affecting the provision for income taxes	(534,000		)	(66,000		)	371,000
Employment tax credits	(1,249,000		)	(169,000		)	(930,000		)
Nondeductible expenses	862,000			123,000			276,000
Stock based compensation expense	(105,000		)	3,000			8,000
Other	7,000			106,000			70,000
Provision (benefit) for income taxes of continuing operations	$	916,000		$	857,000		$	(4,196,000	)

Deferred Taxes

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. Deferred tax assets are reduced by a valuation allowance if, based upon the weight of available evidence, it is more likely than not that we will realize only some portion of the deferred tax assets. The net deferred tax assets and liabilities, at the respective income tax rates, are as follows:



	December 31,
	2015			2014
Current deferred tax assets:
Credit carryforwards	$	—		$	365,000
Allowance for doubtful accounts	3,049,000			2,277,000
Accrued liabilities	5,895,000			5,386,000
	8,944,000			8,028,000
Less valuation allowance	(319,000		)	(408,000		)
	8,625,000			7,620,000
Current deferred tax liabilities:
Prepaid expenses	(626,000		)	(604,000		)
	$	7,999,000		$	7,016,000



	December 31,
	2015			2014
Noncurrent deferred tax assets:
Net operating loss and other carryforwards	$	1,040,000		$	1,174,000
Credit carryforwards	2,612,000			2,030,000
Deferred lease costs	167,000			230,000
Depreciation	1,184,000			355,000
Tax goodwill and intangibles	(1,172,000		)	(978,000		)
Stock-based compensation	534,000			643,000
Accrued rent	3,055,000			3,786,000
Kentucky and Kansas acquisition costs	113,000			118,000
Impairment of long-lived assets	267,000			271,000
Interest rate swap	237,000			303,000
Noncurrent self-insurance liabilities	4,185,000			5,639,000
	12,222,000			13,571,000
Less valuation allowance	(460,000		)	(686,000		)
	$	11,762,000		$	12,885,000

Deferred Tax Valuation Allowance

The assessment of the amount of value assigned to our deferred tax assets under the applicable accounting standards is highly judgmental. We are required to consider all available positive and negative evidence in evaluating the likelihood that we will be able to realize the benefit of our deferred tax assets in the future. Such evidence includes scheduled reversals of deferred tax assets and liabilities, projected future taxable income, tax-planning strategies, and the results of recent operations. Since this evaluation requires consideration of historical and future events, there is significant judgment involved, and our conclusion could be materially different should certain of our expectations not transpire.

When assessing all available evidence, we consider the weight of the evidence, both positive and negative, based on the objectivity of the underlying evidence and the extent to which it can be verified. For the three-year period ended December 31, 2015, the Company has a cumulative pre-tax loss from continuing operations of $5,214,000, which was partially offset by $3,668,000 of income attributable to the year ended December 31, 2015. Additionally, the Company recognized governmental and regulatory changes have put downward revenue pressure on the long-term care industry as a piece of negative evidence in our analysis. As a result of this negative evidence, the Company performed a thorough assessment of the available positive and negative evidence in order to ascertain whether it is more-likely-than-not that in future periods the Company will generate sufficient pre-tax income to utilize all of our federal deferred tax assets and our net operating loss and other carryforwards and credits. State deferred tax assets are considered for valuation separately and on a state-by-state basis.

The Company also identified several pieces of objective positive evidence which were considered and weighed in the analysis performed regarding the valuation of deferred tax assets, including, but not limited to the improvement in financial performance for the year ended December 31, 2015, the degree to which nonrecurring expenses caused the last three year cumulative pre-tax loss, the expected accretive strategic acquisitions completed by us during the three-year period, corporate and regional restructuring expected to reduce costs while maintaining revenue levels, the long-term expiration dates of a majority of the net operating losses and credits, our history of not having carryforwards or credits expire unutilized, and the completed divestiture of the facilities in Arkansas in 2013 and West Virginia in 2014. The operations in the states of Arkansas and West Virginia demonstrated a trend of growing losses in recent years primarily as a result of disproportionate amount of professional liability expense relative to the revenue contributed. Additionally, the net operating loss created in 2013 was fully utilized during 2014 as a result of the income produced from operations and the taxable gain on the sale of Rose Terrace.

In performing the analysis, the Company contemplated utilization of the deferred tax assets under multiple scenarios. After consideration of these factors, the Company determined that it was more likely than not that future taxable income would be sufficient to realize substantially all of the recorded value of the Company's deferred tax assets for federal income tax purposes.

Realization of the deferred tax assets is not assured and future events could result in a change in judgment. If future events result in a conclusion that realization is no longer more likely than not to occur, the Company would be required to establish a valuation allowance on the deferred tax assets at that time, which would result in a charge to income tax expense and a potentially material decrease in net income in the period in which the factors change our judgment.

At December 31, 2015, the Company had $7,385,000 of net operating losses, which expire at various dates beginning in 2019 and continue through 2033. The use of a portion of these loss carryforwards is limited by change in ownership provisions of the Federal tax code to a maximum of approximately $2,519,000. The Company has reduced the deferred tax asset and the corresponding valuation allowances for net operating loss deductions permanently lost as a result of the change in ownership provisions.

With respect to state deferred tax assets, the Company reduced the valuation allowance by approximately $315,000 in 2015, primarily related to the expectation that deferred tax assets for which valuation allowances had previously been applied would more-likely-than-not be utilized as a result of the increase in taxable income during the year ended December 31, 2015. In 2014 and 2013, the Company recorded a deferred tax provision to adjust approximately $215,000 and $448,000, respectively, of the valuation allowance on state deferred tax assets. The changes in valuation allowance were based on the Company's assessment of the realization of certain individual tax assets. The Company has recorded a total valuation allowance of approximately $779,000 at December 31, 2015 to reduce the deferred tax assets by the amount management believes is more likely than not to not be realized through the turnaround of existing temporary differences, future earnings, or a combination thereof.

Under the Work Opportunity Tax Credit ("WOTC") program, the Company recorded $737,000, $550,000 and $1,124,000 in Work Opportunity Tax Credits during 2015, 2014 and 2013, respectively. On December 19, 2014, the Tax Increase Prevention Act of 2012 (the "Act") was signed into law. The Act retroactively reinstated the federal Work Opportunity Tax Credit for qualifying costs paid during 2014. Pursuant to ASC 740-10-25-47, the effect of changes in the tax laws including retroactive changes are recognized in the period the law was enacted, and as a result of the retroactive treatment, the credit was recognized in the financial statements during the fourth quarter of 2014. The remaining WOTC credit carryforwards expire at various dates beginning in 2030 and continue through 2034.

Unrecognized Tax Benefits and Liabilities

The Company follows the FASB's guidance on financial statement recognition and measurement of tax positions taken, or expected to be taken, in tax returns evaluating the need to recognize or unrecognize uncertain tax positions. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:



	2015		2014		2013
Balance at the beginning of the period	$	—	$	—	$	86,000
Changes in tax positions for prior years	—		—		(86,000		)
Balance at the end of the period	$	—	$	—	$	—

The Company records the liabilities associated with our unrecognized tax benefits in “other current liabilities” on the consolidated balance sheet. The net change in the amount of unrecognized tax benefits during the year ended December 31, 2013 was related primarily to the adjustment of the estimated liability and resolution of outstanding uncertain tax positions. Further, the Company recognizes interest and penalties related to unrecognized tax benefits within the income tax expense line in the consolidated statements of operations.

The Company received a notice of an audit by the Internal Revenue Service related to the 2012 tax year, which was closed in 2015. As of December 31, 2015, the Company’s tax years for 2013 forward are subject to examination by tax authorities.