(8) Income Taxes

On May 19, 2012, CVR became a member of the consolidated federal tax group of AEPC, a wholly-owned subsidiary of IEP, and subsequently entered into a tax allocation agreement with AEPC (the "Tax Allocation Agreement"). The Tax Allocation Agreement provides that AEPC will pay all consolidated federal income taxes on behalf of the consolidated tax group. CVR is required to make payments to AEPC in an amount equal to the tax liability, if any, that it would have paid if it were to file as a consolidated group separate and apart from AEPC.

As of December 31, 2015 and 2014, the Company's Consolidated Balance Sheets reflected a receivable of $11.6 million and $44.5 million, respectively, for an overpayment of federal income taxes due to AEPC. The overpayment for 2015 will be applied as a credit against the Company's estimated tax to be paid during 2016 while the overpayment for 2014 was applied as a credit against the Company's tax owed during 2015. These amounts are recorded as due from parent in the Consolidated Balance Sheets. During the years ended December 31, 2015, 2014 and 2013, the Company paid $57.5 million, $120.1 million and $260.0 million, respectively, to AEPC under the Tax Allocation Agreement.

Income tax expense (benefit) is comprised of the following:



	Year Ended December 31,
	2015			2014			2013
	(in millions)
Current
Federal	$	74.9		$	76.1		$	265.8
State	14.5			16.6			21.5
Total current	89.4			92.7			287.3
Deferred
Federal	2.7			8.3			(93.5		)
State	(7.6		)	(3.3		)	(10.1		)
Total deferred	(4.9		)	5.0			(103.6		)
Total income tax expense	$	84.5		$	97.7		$	183.7

The following is a reconciliation of total income tax expense (benefit) to income tax expense (benefit) computed by applying the statutory federal income tax rate (35%) to pretax income (loss):



	Year Ended December 31,
	2015			2014			2013
	(in millions)
Tax computed at federal statutory rate	$	133.8		$	142.5		$	247.0
State income taxes, net of federal tax benefit	11.7			14.0			16.5
State tax incentives, net of federal tax expense	(7.2		)	(5.4		)	(9.0		)
Domestic production activities deduction	(5.9		)	(5.5		)	(18.5		)
Non-deductible share-based compensation	—			0.2			1.5
Noncontrolling interest	(44.9		)	(47.4		)	(53.0		)
Other, net	(3.0		)	(0.7		)	(0.8		)
Total income tax expense	$	84.5		$	97.7		$	183.7

The Company earns Kansas High Performance Incentive Program ("HPIP") credits for qualified business facility investment within the state of Kansas. CVR recognized a net income tax benefit of approximately $4.3 million, $2.8 million and $7.8 million on a credit of approximately $6.7 million, $4.3 million and $12.0 million for the years ended December 31, 2015, 2014 and 2013, respectively, with respect to the HPIP credits. The Company earns Oklahoma Investment credits for qualified manufacturing facility investment within the state of Oklahoma. CVR recognized a net income tax benefit of approximately $2.9 million, $2.5 million and $1.2 million on a credit of approximately $4.4 million, $3.9 million and $1.8 million for the years ended December 31, 2015, 2014 and 2013, respectively, with respect to the Oklahoma Investment credits.

As discussed in Note 2 ("Summary of Significant Accounting Policies"), the Company elected to early adopt ASU 2015-17 as of December 31, 2015. The new standard requires that all deferred tax assets and liabilities, along with any related valuation allowance, be classified as noncurrent on the balance sheet. The Company applied the new standard prospectively to the Consolidated Balance Sheet as of December 31, 2015. The reclassification of current deferred income taxes to noncurrent deferred income taxes was not material. The Consolidated Balance Sheet as of December 31, 2014 was not retrospectively adjusted.

The income tax effect of temporary differences that give rise to significant portions of the deferred income tax assets and deferred income tax liabilities at December 31, 2015 and 2014 are as follows:



	Year Ended December 31,
	2015			2014
	(in millions)
Deferred income tax assets:
Personnel accruals	$	1.5		$	1.8
State tax credit carryforward, net	11.0			12.6
Contingent liabilities	0.1			0.1
Other	—			2.1
Total gross deferred income tax assets	12.6			16.6
Deferred income tax liabilities:
Property, plant, and equipment	(3.1		)	(2.7		)
Investment in CVR Partners	(83.4		)	(76.1		)
Investment in CVR Refining	(565.3		)	(569.4		)
Prepaid expenses	(0.3		)	(0.3		)
Other	(0.2		)	(0.1		)
Total gross deferred income tax liabilities	(652.3		)	(648.6		)
Net deferred income tax liabilities	$	(639.7	)	$	(632.0	)

CVR has Oklahoma state income tax credits of approximately $25.9 million which are available to reduce future Oklahoma state regular income taxes. These credits have an indefinite life.

In assessing the realizability of deferred tax assets including credit carryforwards, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. Although realization is not assured, management believes that it is more likely than not that all of the deferred tax assets will be realized and thus, no valuation allowance was provided as of December 31, 2015 and 2014.

A reconciliation of the unrecognized tax benefits for the years ended December 31, 2015, 2014 and 2013 is as follows:



	Year Ended December 31,
	2015			2014		2013
	(in millions)
Balance beginning of year	$	55.5		$	45.2	$	36.9
Increase based on prior year tax positions	—			0.5		—
Decrease based on prior year tax positions	—			—		(6.4		)
Increases in current year tax positions	9.8			9.8		14.7
Settlements	—			—		—
Reductions related to expirations of statute of limitations	(16.3		)	—		—
Balance end of year	$	49.0		$	55.5	$	45.2

Included in the balance of unrecognized tax benefits as of December 31, 2015, 2014 and 2013 are $31.8 million, $25.6 million and $19.1 million, respectively, of tax benefits that, if recognized, would affect the effective tax rate. Approximately $16.3 million of the unrecognized tax positions relating to the characterization of partnership distributions received were recognized by the end of 2015 as a result of a lapse of the statute of limitations. Additionally, the Company believes that it is reasonably possible that approximately $11.6 million of its unrecognized tax positions relating to state tax credits may be recognized by the end of 2016 as a result of a lapse of the statute of limitations. Under ASU 2013-11, approximately $25.9 million and $13.5 million of unrecognized tax benefits were netted with deferred tax asset carryforwards as of December 31, 2015 and 2014, respectively. The remaining unrecognized tax benefits are included in other long-term liabilities in the Consolidated Balance Sheets.

CVR recognizes interest expense (income) and penalties on uncertain tax positions and income tax deficiencies (refunds) in income tax expense. CVR recognized interest expense of approximately $1.0 million during 2015. No penalties were recognized during 2015. As of December 31, 2015, CVR has recognized a liability for interest of approximately $7.5 million. No liability was recognized for penalties in 2015. In 2014, CVR recognized interest expense of approximately $3.8 million. No penalties were recognized during 2014. As of December 31, 2014, CVR had recognized a liability for interest of approximately $6.5 million. No liability was recognized for penalties in 2014. In 2013, CVR recognized interest expense of approximately $2.2 million. No penalties were recognized during 2013.

At December 31, 2015, the Company's tax filings are generally open to examination in the United States for the tax years ended December 31, 2012 through December 31, 2014 and in various individual states for the tax years ended December 31, 2011 through December 31, 2014.