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INCOME TAXES
 12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
A summary of the benefit for income taxes is as follows:
 Fiscal Year Ended
December 31,
 202020192018
Federal
Current$(951)$(951)$(1,902)
Deferred(35,177)(699)1,255 
(36,128)(1,650)(647)
State
Current435 321 268 
Deferred(17,111)(545)(5)
(16,676)(224)263 
Benefit for income taxes$(52,804)$(1,874)$(384)
On a periodic basis, we reassess the valuation allowance on our deferred income tax assets, weighing positive and negative evidence to assess the recoverability of the deferred tax assets. In the fourth quarter of fiscal year 2020, we assessed the valuation allowance and considered positive evidence, including significant cumulative consolidated income over the three years ended December 31, 2020, revenue growth and expectations of future profitability, and negative evidence, including the impact of a negative change in the economic climate, significant risks and uncertainties in the business and restrictions on tax loss utilization in certain state jurisdictions. After assessing both the positive evidence and the negative evidence, we determined it was more likely than not that the majority of our deferred tax assets would be realized in the future and released the valuation allowance on the majority of our net operating loss carryforwards and other deferred tax assets as of December 31, 2020, resulting in a benefit from income taxes of $61,317. As of December 31, 2020, we maintained a valuation allowance of $6,482 primarily related to deferred tax assets that would generate capital losses when realized and deferred tax assets related to certain state jurisdictions.
In assessing the realizability of carryforwards and other deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. We adjust the valuation allowance in the period
management determines it is more likely than not that deferred tax assets will or will not be realized. The change in the valuation allowance was a decrease of $61,317 for fiscal year 2020 and $3,539 from fiscal year 2019. In determining the need for a valuation allowance, we have assessed the available means of recovering deferred tax assets, including the ability to carryback net operating losses, the existence of reversing temporary differences, and available sources of future taxable income. We have also considered the ability to implement certain strategies, such as a potential sale of assets that would, if necessary, be implemented to accelerate taxable income and use expiring deferred tax assets.
During fiscal year 2019, we recognized a $(2,385) deferred tax benefit, due to a reduction of the valuation allowance on acquisitions. In determining the need for a valuation allowance, we have assessed the available means of recovering deferred tax assets, including the existence of reversing temporary differences. The valuation allowance decreased due to the recognition of additional reversing temporary differences from the $2,385 deferred tax liability recorded through goodwill on the acquisition of a company in May 2019. The deferred tax liabilities related to the acquisition was based on the impact of temporary differences between the amounts of assets and liabilities recognized for financial reporting purposes and such amounts recognized for income tax purposes. The valuation allowance was reduced by $(2,137) in the quarter ended June 30, 2019, with the offsetting increase in the goodwill, based on initial estimates of the acquired temporary differences. The valuation allowance was decreased by $(248) in the quarter ended December 31, 2019, with an offsetting adjustment to goodwill, based on the availability of better estimates upon the filing of the prior year returns by the sellers.
During fiscal year 2019, we recognized a $(297) deferred tax benefit due to a reduction of the deferred tax liability related to indefinite lived assets. The financial statement value of indefinite lived goodwill was reduced as a result of a settlement of an acquisition contingency that pre-dated the effective date of ASC 805, which resulted in a reduction of the related deferred tax liability.
The differences in the benefit for income taxes and the amounts determined by applying the Federal statutory rate to income before provision for income taxes are as follows:
 Fiscal Year Ended
December 31,
 20202019 (1)2018
Federal statutory rate21 %21 %21 %
Tax at statutory rate$8,043 $6,254 $1,268 
State income taxes, net of federal benefit1,615 1,008 (89)
Change in valuation allowance(61,317)(4,420)(1,613)
Federal effect of change in state valuation allowance3,803 — — 
Deductible stock awards(3,790)(6,004)(2,048)
Deferred tax adjustments(2,047)— — 
Non-deductible expenses656 638 633 
Non-deductible officer compensation487 1,359 2,214 
Tax credits(130)(82)(686)
Other, net(124)(627)(63)
Benefit for income taxes$(52,804)$(1,874)$(384)
Deferred income taxes reflect the impact of temporary differences between the amounts of assets and liabilities recognized for financial reporting purposes and such amounts recognized for income tax purposes. A summary of deferred tax assets and liabilities is as follows:
 December 31,
 20202019 (1)
Deferred tax assets:
Accrued expenses and reserves$35,444 $36,559 
Net operating loss carryforwards34,364 40,556 
General business and state tax credit carryforwards8,044 8,422 
Unrealized loss on hedges and swaps3,798 1,768 
Stock awards2,824 3,097 
Book over tax depreciation of property and equipment— 2,882 
Alternative minimum tax credit carryforwards— 951 
Other2,307 2,600 
Total deferred tax assets86,781 96,835 
Less: valuation allowance(6,482)(67,799)
Total deferred tax assets after valuation allowance80,299 29,036 
Deferred tax liabilities:
Amortization of intangibles(18,044)(22,910)
Tax over book depreciation of property and equipment(1,875)— 
Other(129)(192)
Total deferred tax liabilities(20,048)(23,102)
Net deferred tax asset $60,251 $5,934 
(1)Adjusted for deductibility of certain stock awards and state tax credits, with an offset to the valuation allowance.
The net deferred tax asset at December 31, 2020 is reflected on the balance sheet as a long-term deferred federal and state tax asset of $61,163 and a long-term deferred state tax liability of $(912).
As of December 31, 2020, we have, for federal income tax purposes, net operating loss carryforwards of approximately $92,494 that expire in the fiscal years ending December 31, 2032 through 2037 and $46,453, which do not expire. We have state net operating loss carryforwards of approximately $68,195 that expire in the fiscal years ending December 31, 2021 through 2040 or that do not expire in certain jurisdictions. In addition, we have $6,416 general business credit carryforwards which expire in the fiscal years ending December 31, 2022 through 2040 and $2,060 state credit carryforwards which expire in fiscal years ending December 31, 2028 through 2039. Sections 382 and 383 of the Internal Revenue Code can limit the amount of net operating loss and credit carryforwards which may be used in a tax year in the event of certain stock ownership changes. With the exception of $1,756 federal net operating losses we acquired through acquisitions, we are not currently subject to these limitations but could become subject to them if there were significant changes in the ownership of our stock.
The provisions of FASB ASC 740-10-25-5 prescribe the minimum recognition threshold that a tax position is required to meet before being recognized in the financial statements. Additionally, FASB ASC 740-10-25-5 provides guidance on de-recognition, measurement, classification, interest and penalties, accounting in interim periods, disclosure and transition. Under FASB ASC 740-10-25-5, an entity may only recognize or continue to recognize tax positions that meet a “more likely than not” threshold.
A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows:
Fiscal Year Ended December 31,
20202019
Unrecognized tax benefits at beginning of period$1 $2 
Reductions resulting from lapse of statute of limitations(1)(1)
Unrecognized tax benefits at end of period$— $1 
Included in the balances at December 31, 2019 is $1 of unrecognized tax benefits (net of the federal benefit on state issues) that, if recognized, would favorably affect the effective income tax rate in future periods.
Our continuing practice is to recognize interest and penalties related to income tax matters in income tax expense. Related to uncertain tax positions during fiscal years 2020 and 2019, we have accrued interest of $0 and $1 and penalties of $0 and $1, respectively. We accrued $(1), $(1) and $(2) for interest and penalties in income tax expense related to uncertain tax positions during fiscal years 2020, 2019 and 2018, respectively.
To the extent interest and penalties are not assessed with respect to uncertain tax positions, amounts accrued are reflected as a reduction of the overall income tax provision.
We are subject to U.S. federal income tax, as well as income tax of multiple state jurisdictions. Due to Federal and state net operating loss carryforwards, income tax returns from years ending in 1998 through 2020 remain open for examination, with limited exceptions.