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Note 7 - Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
7.
Income Taxes
 
Income tax expense attributable to earnings before income taxes consists of (in thousands):
 
   
Years ended December 31,
 
   
2018
   
2017
   
2016
 
Current:
                       
Federal
  $
22,904
    $
134,284
    $
191,422
 
State and local
   
26,738
     
23,456
     
21,871
 
     
49,642
     
157,740
     
213,293
 
Deferred:
                       
Federal
   
97,670
     
(261,592
)    
45,846
 
State and local
   
3,921
     
12,828
     
4,568
 
     
101,591
     
(248,764
)    
50,414
 
Total tax expense/(benefit)
  $
151,233
    $
(91,024
)   $
263,707
 
 
Income tax expense attributable to earnings before income taxes differed from the amounts computed using the statutory federal income tax rate of
21%
as follows (in thousands):
 
   
Years ended December 31,
 
   
2018
   
2017
   
2016
 
Income tax at federal statutory rate
  $
134,572
    $
208,334
    $
243,529
 
State tax, net of federal effect
   
24,627
     
18,334
     
19,165
 
Federal tax reform
   
(3,219
)
   
(309,223
)
   
-
 
Benefit of stock compensation
   
(4,919
)
   
(4,907
)
   
-
 
199/R&D credit
   
1,000
     
(7,056
)
   
-
 
Nondeductible meals and entertainment
   
1,071
     
1,374
     
1,419
 
Change in effective state tax rate, net of federal benefit
   
(1,469
)
   
3,403
     
(1,055
)
Other, net
   
(430
)
   
(1,283
)
   
649
 
Total tax expense
  $
151,233
    $
(91,024
)
  $
263,707
 
 
The Tax Cuts and Jobs Act (the Act) was enacted in
December 2017.
Beginning in
2018,
the Act reduced the U.S. federal corporate tax rate from
35%
to
21%.
At
December 31, 2017,
we had
not
completed our accounting for the tax effects of enactment of the Act. However, we made a reasonable estimate of the effects on our existing deferred tax assets and liabilities based on the rates at which they were expected to reverse in the future, which was generally
21%.
The provisional amount recorded resulting from the remeasurement of our deferred tax balance was
$309.2
million, which was included as a component of
2017
income tax from continuing operations. During
2018,
we finalized our calculations for our
2017
federal income tax return, which was filed based on the law prior to the Act, resulting in
no
significant change to the initial measurement of these balances. Remaining aspects of the Act were
not
relevant to our operations.
 
Income taxes receivable was
$102.4
million and
$61.3
million at
December 31, 2018
and
2017,
respectively. These amounts have been included in other receivables in our Consolidated Balance Sheets. The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at
December 31, 2018
and
2017,
are presented below (in thousands):
 
   
December 31,
 
   
2018
   
2017
 
Deferred tax assets:
               
Insurance accruals
  $
34,889
    $
27,700
 
Allowance for doubtful accounts
   
7,649
     
6,605
 
Compensation accrual
   
10,461
     
3,661
 
Deferred compensation accrual
   
20,396
     
17,620
 
Federal benefit of state uncertain tax positions
   
10,364
     
8,681
 
State NOL carry-forward
   
6,041
     
4,944
 
Other
   
4,626
     
3,134
 
Total gross deferred tax assets
   
94,426
     
72,345
 
Valuation allowance
   
(6,041
)
   
(4,944
)
Total deferred tax assets, net of valuation allowance
   
88,385
     
67,401
 
Deferred tax liabilities:
               
Plant and equipment, principally due to differences in depreciation
   
696,913
     
566,396
 
Prepaid permits and insurance, principally due to expensing for income tax purposes
   
33,594
     
28,089
 
Other
   
1,339
     
14,786
 
Total gross deferred tax liabilities
   
731,846
     
609,271
 
Net deferred tax liability
  $
643,461
    $
541,870
 
 
Guidance on accounting for uncertainty in income taxes prescribes recognition and measurement criteria and requires that we assess whether the benefits of our tax positions taken are more likely than
not
of being sustained under tax audits.  We have made adjustments to the balance of unrecognized tax benefits, a component of other long-term liabilities on our Consolidated Balance Sheets, as follows (in millions):
 
   
December 31,
 
   
2018
   
2017
   
2016
 
Beginning balance
  $
45.3
    $
35.4
    $
32.0
 
Additions based on tax positions related to the current year
   
13.9
     
11.6
     
10.3
 
Additions/(reductions) based on tax positions taken in prior years
   
(2.4
)
   
5.4
     
(3.2
)
Reductions due to settlements
   
-
     
(2.4
)
   
(0.4
)
Reductions due to lapse of applicable statute of limitations
   
(4.6
)
   
(4.7
)
   
(3.3
)
Ending balance
  $
52.2
    $
45.3
    $
35.4
 
 
At
December 31, 2018
and
2017,
we had a total of
$52.2
million and
$45.3
million, respectively, in gross unrecognized tax benefits.  Of these amounts,
$43.1
million and
$37.5
million represent the amount of unrecognized tax benefits that, if recognized, would impact our effective tax rate in
2018
and
2017,
respectively.  Interest and penalties related to income taxes are classified as interest expense in our Consolidated Statements of Earnings.  The amount of accrued interest and penalties recognized during the years ended
December 31, 2018,
2017,
and
2016,
was
$2.4
million,
$2.1
million, and
$1.9
million, respectively. Future changes to unrecognized tax benefits will be recognized as income tax expense and interest expense, as appropriate.  The total amount of accrued interest and penalties for such unrecognized tax benefits at
December 31, 2018
and
2017,
was
$4.6
million and
$3.6
million, respectively.
 
Tax years
2015
and forward remain subject to examination by federal tax jurisdictions, while tax years
2008
and forward remain open for state jurisdictions.