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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 7. Income Taxes

The following is a reconciliation of our effective tax rate to the federal statutory tax rate:

 

 

Years Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

 

U.S. federal statutory rate

 

35.0

 

%

 

35.0

 

%

 

35.0

 

%

State taxes, net of federal benefit

 

2.6

 

 

2.4

 

 

2.9

 

 

State incentives

 

(0.2

)

 

(0.5)

 

 

 

(0.8

)

 

State law changes

 

0.3

 

 

(0.9)

 

 

 

(0.9

)

 

Nondeductible expenses

 

0.7

 

 

0.4

 

 

 

0.9

 

 

Other

 

-

 

 

-

 

 

 

(0.1

)

 

Net effective rate

 

38.4

 

%

 

36.4

 

%

 

37.0

 

%

The following is a summary of our provision for income taxes (in thousands):

 

 

Years Ended December 31,

 

 

2016

 

 

2015

 

 

2014

 

Current

 

 

 

 

 

 

 

 

 

 

 

    Federal

$

30,324

 

 

$

21,363

 

 

$

5,939

 

    State and local

 

3,296

 

 

 

2,900

 

 

 

445

 

    Foreign

 

108

 

 

 

284

 

 

 

249

 

 

 

33,728

 

 

 

24,547

 

 

 

6,633

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

    Federal

 

11,981

 

 

 

16,538

 

 

 

23,600

 

    State and local

 

971

 

 

 

(346

)

 

 

191

 

    Foreign

 

(64

)

 

 

(106

)

 

 

(115

)

 

 

12,888

 

 

 

16,086

 

 

 

23,676

 

 

 

 

 

 

 

 

 

 

 

 

 

              Total provision

$

46,616

 

 

$

40,633

 

 

$

30,309

 

 

In November 2015, the FASB issued Update No. 2015-17—Income Taxes (Topic 740). This Standard provides guidance on the balance sheet classification of deferred taxes, amending the accounting for income taxes and requiring all deferred tax assets and liabilities to be classified as non-current on the consolidated balance sheet. We elected to early adopt this standard as of March 31, 2016 to simplify the presentation of our deferred income taxes and applied the guidance prospectively. As a result, we have presented all deferred tax assets and liabilities as non-current on our consolidated balance sheet as of December 31, 2016, but have not reclassified deferred tax assets and liabilities as noncurrent on our consolidated balance sheet as of December 31, 2015.  In the following summary of our deferred tax assets and liabilities (in thousands), however, we are presenting all the deferred tax asset and liability balances as of both December 31, 2016 and December 31, 2015 as noncurrent for better year over year comparability:

 

 

December 31,

 

 

2016

 

 

2015

 

Accrued compensation

 

20,651

 

 

 

18,448

 

Other reserves

 

8,580

 

 

 

4,319

 

Tax credit carryforwards

 

1,694

 

 

 

1,257

 

Operating loss carryforwards

 

1,399

 

 

 

1,914

 

Total gross deferred income taxes

 

32,324

 

 

 

25,938

 

Valuation allowances

 

(456

)

 

 

(108

)

Total deferred tax assets

 

31,868

 

 

 

25,830

 

 

 

 

 

 

 

 

 

Prepaids

 

(3,401

)

 

 

(3,448

)

Other receivables

 

(3,051

)

 

 

(4,493

)

Property and equipment

 

(105,905

)

 

 

(87,148

)

Goodwill

 

(84,170

)

 

 

(82,511

)

Total deferred tax liabilities

 

(196,527

)

 

 

(177,600

)

 

 

 

 

 

 

 

 

        Total deferred taxes

$

(164,659

)

 

$

(151,770

)

 

We are subject to income taxation in the U.S., numerous state jurisdictions, Mexico and Canada.  Because income tax return formats vary among the states, we file both unitary and separate company state income tax returns.  Our state tax net operating losses of $1.4 million expire between December 31, 2017 and December 31, 2035. Our state incentive tax credit carryforwards of $1.7 million expire between December 31, 2018 and December 31, 2021.  Management believes it is more likely than not that these deferred tax assets will be realized with the exception of $0.1 million related to state tax net operating losses, and $0.3 million related to state tax incentive credit carryforwards.  Valuation allowances totaling $0.5 million have been established for each of these amounts.

As of December 31, 2016 and December 31, 2015, the amount of unrecognized tax benefits was $1.8 million and $1.1 million, respectively.  Of these amounts, our income tax provision would decrease $1.2 million and $0.7 million, respectively, if recognized. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

2016

 

 

2015

 

Gross unrecognized tax benefits - beginning of the year

$

1,139

 

 

$

1,065

 

Gross increases related to prior year tax positions

 

394

 

 

 

166

 

Gross increases related to current year tax positions

 

488

 

 

 

153

 

Lapse of applicable statute of limitations

 

(189

)

 

 

(245

)

Gross unrecognized tax benefits - end of year

$

1,832

 

 

$

1,139

 

 

 

We estimate it is reasonably possible that our reserve could either increase or decrease by up to $0.5 million during the next twelve months.

 

We recognize interest expense and penalties related to income tax liabilities in our provision for income taxes.  In our 2016 provision for income taxes we recognized approximately fifteen thousand dollars of expense for combined income tax interest and income tax penalty.

 

In 2016, we were selected for examinations by the IRS for our 2014 tax year, by California for our 2012 and 2013 tax years, by New York for our 2012 through 2014 tax years, and by Ohio for our 2014 and 2015 tax years.  The IRS and California examinations are ongoing.  The New York audit was settled for approximately sixteen thousand dollars while the Ohio audit closed with no changes.  In addition to the audits that are ongoing, tax years 2012 through 2015 generally remain open to examination by the major jurisdictions to which we are subject.