Note 10 - Income Taxes

12 Months Ended

Dec. 31, 2020

Notes to Financial Statements

Income Tax Disclosure [Text Block]

10. INCOME TAXES

Income tax (benefit) expense for the years ended December 31, 2020, 2019, and 2018 is comprised of:

(in thousands)	2020			2019			2018
Federal, current	$	63		$	(2,040	)	$	(437	)
Federal, deferred		(2,391	)		3,976			14,117
State, current		2,349			828			1,284
State, deferred		(2,825	)		(415	)		(20	)
Income tax (benefit) expense	$	(2,804	)	$	2,349		$	14,944

Income tax (benefit) expense for the years ended December 31, 2020, 2019, and 2018 is summarized below:

(in thousands)	2020			2019			2018
Computed "expected" income tax expense	$	(3,554	)	$	1,642		$	11,745
State income taxes, net of federal income tax effect		(227	)		(600	)		2,484
831(b) election		(123	)		(393	)		(200	)
Per diem allowances		1,028			1,450			1,446
Tax contingency accruals		65			601			(57	)
Valuation allowance, net		(139	)		321			0
Tax credits		(403	)		(377	)		(968	)
Excess tax benefits on share-based compensation		129			105			50
Change in prior year estimates		288			(420	)		0
Other, net		132			20			444
Income tax (benefit) expense	$	(2,804	)	$	2,349		$	14,944

The amount of income tax (benefit) expense allocated to discontinued operations for TFS is $9.5 million, $1.1 million, and $0.6 million for the years ended December 31, 2020, 2019, and 2018, respectively.

Income tax expense varies from the amount computed by applying the applicable federal corporate income tax rate of 21% for 2020, 2019, and 2018, to income before income taxes primarily due to state income taxes, net of federal income tax effect, adjusted for permanent differences, the most significant of which is the effect of the per diem pay structure for drivers. Drivers who meet the requirements to receive per diem receive non-taxable per diem pay in lieu of a portion of their taxable wages. This per diem program increases our drivers' net pay per mile, after taxes, while decreasing gross pay, before taxes. As a result, salaries, wages, and employee benefits are slightly lower and our effective income tax rate is higher than the statutory rate. Generally, as pre-tax income increases, the impact of the driver per diem program on our effective tax rate decreases, because aggregate per diem pay becomes smaller in relation to pre-tax income, while in periods where earnings are at or near breakeven, the impact of the per diem program on our effective tax rate is significant. Due to the partially nondeductible effect of per diem pay, our tax rate will fluctuate in future periods based on fluctuations in earnings.

The temporary differences and the approximate tax effects that give rise to our net deferred tax liability at December 31, 2020 and 2019 are as follows:

(in thousands)	2020			2019
Deferred tax assets:
Insurance and claims	$	10,970		$	10,269
Net operating loss carryovers		7,759			25,849
Tax credits		11,395			10,942
Leased liability		9,969			15,668
Finance lease obligation		3,848			8,483
State bonus		4,860			6,576
Other		4,917			2,160
Valuation allowance		(242	)		(385	)
Total deferred tax assets		53,476			79,562
Deferred tax liabilities:
Property and equipment		(78,682	)		(97,066	)
Investment in partnership		(31,585	)		(36,669	)
ROU Asset- leases		(9,697	)		(15,280	)
Other		(4,353	)		(7,462	)
Sec. 481(a) - finance leases		(588	)		(449	)
Prepaid expenses		(3,124	)		(2,966	)
Total deferred tax liabilities		(128,029	)		(159,892	)
Net deferred tax liability	$	(74,553	)	$	(80,330	)

The net deferred tax liability of $65.0 million primarily relates to differences in cumulative book versus tax depreciation of property and equipment, partially off-set by tax credit carryovers and insurance claims that have been reserved but not paid. The carrying value of our deferred tax assets assumes that we will be able to generate, based on certain estimates and assumptions, sufficient future taxable income in certain tax jurisdictions to utilize these deferred tax benefits. If these estimates and related assumptions change in the future, we may be required to establish a valuation allowance against the carrying value of the deferred tax assets, which would result in additional income tax expense. On a periodic basis, we assess the need for adjustment of the valuation allowance. Based on forecasted taxable income resulting from the reversal of deferred tax liabilities, primarily generated by accelerated depreciation for tax purposes in prior periods, and tax planning strategies available to us, a valuation allowance has been established at December 31, 2020 of approximately $0.3 million related to certain state net operating loss carry forwards. If these estimates and related assumptions change in the future, we may be required to modify our valuation allowance against the carrying value of the deferred tax assets.

As of December 31, 2020, we had a $1.0 million liability recorded for unrecognized tax benefits, which includes interest and penalties of $0.1 million. We recognize interest and penalties accrued related to unrecognized tax benefits in tax expense. As of December 31, 2019, we had a $0.9 million liability recorded for unrecognized tax benefits, which included interest and penalties of $0.1 million. Interest and penalties recognized for uncertain tax positions provided for no expense in 2020, a $0.8 million benefit in 2019, and a $0.1 million expense in 2018.

The following tables summarize the annual activity related to our gross unrecognized tax benefits (in thousands) for the years ended December 31, 2020, 2019, and 2018:

	2020			2019			2018
Balance as of January 1,	$	823		$	1,796		$	1,924
Increases related to prior year tax positions		-			2,969			4
Decreases related to prior year positions		-			-			(9	)
Increases related to current year tax positions		98			287			-
Decreases related to settlements with taxing authorities		-			(4,200	)		-
Decreases related to lapsing of statute of limitations		(34	)		(29	)		(123	)
Balance as of December 31,	$	887		$	823		$	1,796

If recognized, approximately $0.9 million of unrecognized tax benefits would impact our effective tax rate as of both December 31, 2020 and 2019. Any prospective adjustments to our reserves for income taxes will be recorded as an increase or decrease to our provision for income taxes and would impact our effective tax rate.

Our 2015 through 2019 tax years remain subject to examination by the IRS for U.S. federal tax purposes, our major taxing jurisdiction. In the normal course of business, we are also subject to audits by state and local tax authorities. While it is often difficult to predict the final outcome or the timing of resolution of any particular tax matter, we believe that our reserves reflect the more likely than not outcome of known tax contingencies. We adjust these reserves, as well as the related interest, in light of changing facts and circumstances. Settlement of any particular issue would usually require the use of cash. Favorable resolution would be recognized as a reduction to our annual tax rate in the year of resolution. We do not expect any significant increases or decreases for uncertain income tax positions during the next year. 

Our federal net operating loss ("NOL") of $101.9 million is expected to be substantially consumed in the current year. The remaining $3.9 million will carryforward indefinitely. Our $3.1 million of charitable contributions are all expected to be converted to NOL carryover in the current year, thereby extending their benefit indefinitely and increasing the indefinite NOL carryforward to $7.0 million. In addition to our federal net operating losses and charitable contributions, we also have $10.9 million of federal tax credits available to offset future federal taxable income which will begin to expire in 2030.

Our state net operating loss carryforwards and state tax credits of $92.2 million and $0.5 million, respectively expire beginning in 2022 and 2028 based on jurisdiction.

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") was signed into law. The CARES Act, among other things, includes provisions for refundable payroll tax credits, deferral for employer-side social-security payments, net operating loss carryback periods, alternative minimum tax credit refunds, modifications to the net interest deduction limitations, and technical corrections to tax depreciation methods for qualified improvement property. The Company considered the impacts of the legislation in the 2020 financial statements, noting that some items are continuing to be assessed through preparation of the 2020 income tax returns.