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Income Taxes
9 Months Ended
Sep. 30, 2014
Income Tax Disclosure [Abstract]  
Income Taxes

10. INCOME TAXES

The components of pretax loss from continuing operations for the quarters and years to date ended September 30, 2014 and 2013 are as follows (dollars in thousands):

 

     For the Quarter Ended     For the Year to Date Ended  
     September 30,     September 30,  
     2014     2013     2014     2013  

U.S.

   $ (44,787   $ (55,054   $ (116,701   $ (124,000

Foreign

     —          65        —          (4,430
  

 

 

   

 

 

   

 

 

   

 

 

 

Total

   $ (44,787   $ (54,989   $ (116,701   $ (128,430
  

 

 

   

 

 

   

 

 

   

 

 

 

The determination of the annual effective tax rate is based upon a number of significant estimates and judgments, including the estimated annual pretax income in each tax jurisdiction in which we operate and the ongoing development of tax planning strategies during the year. In addition, our provision for income taxes can be impacted by changes in tax rates or laws, the finalization of tax audits and reviews, as well as other factors that cannot be predicted with certainty. As such, there can be significant volatility in interim tax provisions.

The following is a summary of our provision for (benefit from) income taxes and effective tax rate from continuing operations (dollars in thousands):

 

     For the Quarter Ended
September 30,
    For the Year to Date Ended
September 30,
 
     2014     2013     2014     2013  

Pretax loss

   $ (44,787   $ (54,989   $ (116,701   $ (128,430

Provision for (benefit from) income taxes

   $ 1,116      $ (20,087   $ 3,190      $ (55,964

Effective rate

     2.5     -36.5     2.7     -43.6

As of December 31, 2013, we reported a total deferred tax valuation allowance of $82.5 million within our condensed consolidated balance sheet. As of September 30, 2014, our total deferred tax valuation allowance was $141.2 million, reflecting an increase of $58.7 million in the current year to date as a result of the inability to record an income tax benefit related to current year losses. After considering both positive and negative evidence related to the likelihood of realization of the deferred tax assets, we have determined that it is necessary to continue to record this valuation allowance against our net deferred tax assets as of September 30, 2014. The effective tax provision for the quarter and year to date ended September 30, 2014 approximates $1.1 million and $3.2 million, respectively.

The cumulative effect of federal and state valuation losses reduced the effective tax rate benefit by 39.3%. The current year tax rate was also impacted by nominal uncertain tax position activity and the recording of discrete items for the recent closure of a federal tax audit for the tax years 2008 through 2012, the net effect of which resulted in a 2.7% effective tax rate.

 

We estimate that it is reasonably possible that the liability for unrecognized tax benefits for a variety of uncertain tax positions will decrease by up to $1.9 million in the next twelve months as a result of the completion of various tax audits currently in process and the expiration of the statute of limitations in several jurisdictions. The income tax rate for the quarter and year to date ended September 30, 2014 does not take into account the possible reduction of the liability for unrecognized tax benefits. The impact of a reduction to the liability will be treated as a discrete item in the period the reduction occurs. We recognize interest and penalties related to unrecognized tax benefits in tax expense. As of September 30, 2014, we had accrued $2.3 million as an estimate for reasonably possible interest and accrued penalties.

Our tax returns are routinely examined by federal, state, local and foreign tax authorities and these audits are at various stages of completion at any given time. The Internal Revenue Service recently completed its examination of our U.S. income tax returns for the tax years of 2008 through 2012.