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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

12. Income Taxes

Components of the income tax provision applicable to federal, state and foreign income taxes for the years ended December 31, 2015, 2014 and 2013 are as follows (in thousands):

 

 

 

2015

 

 

2014

 

 

2013

 

Federal income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

(42,020

)

 

$

39,438

 

 

$

41,558

 

Deferred

 

 

(83,812

)

 

 

39,673

 

 

 

47,136

 

 

 

 

(125,832

)

 

 

79,111

 

 

 

88,694

 

State income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

(3,480

)

 

 

3,987

 

 

 

11,733

 

Deferred

 

 

(12,433

)

 

 

5,292

 

 

 

4,229

 

 

 

 

(15,913

)

 

 

9,279

 

 

 

15,962

 

Foreign income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

(2,590

)

 

 

4,521

 

 

 

4,572

 

Deferred

 

 

(3,628

)

 

 

(1,292

)

 

 

(796

)

 

 

 

(6,218

)

 

 

3,229

 

 

 

3,776

 

Total income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

(48,090

)

 

 

47,946

 

 

 

57,863

 

Deferred

 

 

(99,873

)

 

 

43,673

 

 

 

50,569

 

Total income tax expense (benefit):

 

$

(147,963

)

 

$

91,619

 

 

$

108,432

 

 

The difference between the statutory federal income tax rate and the effective income tax rate for the years ended December 31, 2015, 2014 and 2013 is summarized as follows:

 

 

 

2015

 

 

2014

 

 

2013

 

Statutory tax rate

 

 

35.0

%

 

 

35.0

%

 

 

35.0

%

State income taxes

 

 

2.1

 

 

 

2.5

 

 

 

3.7

 

Permanent differences

 

 

(1.3

)

 

 

(1.4

)

 

 

(1.5

)

Other differences, net

 

 

(2.4

)

 

 

(0.1

)

 

 

(0.6

)

Effective tax rate

 

 

33.4

%

 

 

36.0

%

 

 

36.6

%

 

The Domestic Production Activities Deduction (IRC section 199 deduction) was enacted as part of the American Jobs Creation Act of 2004 (as revised by the Emergency Economic Stabilization Act of 2008) and allows a deduction of 9% in 2010 and thereafter on the lesser of qualified production activities income or taxable income.  The permanent differences for 2013 include a deduction of $10.0 million as the Company fully utilized its remaining net operating loss carryforwards.  The permanent differences for 2014 include a deduction of $8.8 million.  The permanent differences for 2015 do not include any deduction as it is limited to taxable income, and the Company did not have taxable income in 2015 as a result of the Company’s election to utilize bonus depreciation.  

 

The 2015 other differences include a 1% reduction related to the reconciliation of the deferred tax liability associated with the conversion of the Company’s Canadian operations to a controlled foreign corporation.  The impact to the deferred tax liability from the conversion is being amortized over the weighted average remaining useful life of the Canadian assets.  The 2015 other differences also include a 0.7% reduction for the lost benefit of the 2014 IRC section 199 deduction of $8.8 million as a result of the Company’s adoption of the final tangible property regulations with the filing of the 2014 tax return.

The tax effect of significant temporary differences representing deferred tax assets and liabilities and changes therein were as follows (in thousands):

 

 

 

December 31,

 

 

Net

 

 

December 31,

 

 

Net

 

 

December 31,

 

 

Net

 

 

December 31,

 

 

 

2015

 

 

Change

 

 

2014

 

 

Change

 

 

2013

 

 

Change

 

 

2012

 

Deferred tax assets:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

27,887

 

 

$

27,887

 

 

$

 

 

$

 

 

$

 

 

$

(18,914

)

 

$

18,914

 

Workers’ compensation allowance

 

 

28,734

 

 

 

424

 

 

 

28,310

 

 

 

698

 

 

 

27,612

 

 

 

2,534

 

 

 

25,078

 

Other

 

 

21,305

 

 

 

(1,091

)

 

 

22,396

 

 

 

2,749

 

 

 

19,647

 

 

 

(804

)

 

 

20,451

 

 

 

 

77,926

 

 

 

27,220

 

 

 

50,706

 

 

 

3,447

 

 

 

47,259

 

 

 

(17,184

)

 

 

64,443

 

Non-current:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

 

77,514

 

 

 

65,050

 

 

 

12,464

 

 

 

(988

)

 

 

13,452

 

 

 

1,690

 

 

 

11,762

 

Expense associated with employee stock options

 

 

14,591

 

 

 

205

 

 

 

14,386

 

 

 

(1,822

)

 

 

16,208

 

 

 

1,536

 

 

 

14,672

 

Federal benefit of state deferred tax liabilities

 

 

24,485

 

 

 

466

 

 

 

24,019

 

 

 

1,181

 

 

 

22,838

 

 

 

816

 

 

 

22,022

 

Other

 

 

20,441

 

 

 

4,394

 

 

 

16,047

 

 

 

1,344

 

 

 

14,703

 

 

 

(421

)

 

 

15,124

 

 

 

 

137,031

 

 

 

70,115

 

 

 

66,916

 

 

 

(285

)

 

 

67,201

 

 

 

3,621

 

 

 

63,580

 

Less:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Allowance to reduce deferred tax asset to expected realizable value

 

 

(603

)

 

 

(603

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total deferred tax assets

 

 

214,354

 

 

 

96,732

 

 

 

117,622

 

 

 

3,162

 

 

 

114,460

 

 

 

(13,563

)

 

 

128,023

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

(12,805

)

 

 

826

 

 

 

(13,631

)

 

 

676

 

 

 

(14,307

)

 

 

(2,823

)

 

 

(11,484

)

Non-current:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property and equipment basis difference

 

 

(986,922

)

 

 

31

 

 

 

(986,953

)

 

 

(47,359

)

 

 

(939,594

)

 

 

(33,997

)

 

 

(905,597

)

Other

 

 

(13,339

)

 

 

2,284

 

 

 

(15,623

)

 

 

(152

)

 

 

(15,471

)

 

 

(186

)

 

 

(15,285

)

 

 

 

(1,000,261

)

 

 

2,315

 

 

 

(1,002,576

)

 

 

(47,511

)

 

 

(955,065

)

 

 

(34,183

)

 

 

(920,882

)

Total deferred tax liabilities

 

 

(1,013,066

)

 

 

3,141

 

 

 

(1,016,207

)

 

 

(46,835

)

 

 

(969,372

)

 

 

(37,006

)

 

 

(932,366

)

Net deferred tax liability

 

$

(798,712

)

 

$

99,873

 

 

$

(898,585

)

 

$

(43,673

)

 

$

(854,912

)

 

$

(50,569

)

 

$

(804,343

)

 

In assessing the realizability of 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, and necessary allowances are provided.  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.  The Company expects the carrying value of the deferred tax assets at December 31, 2015 and 2014 to be realized as a result of the reversal of existing taxable temporary differences giving rise to deferred tax liabilities and the generation of taxable income. The valuation allowance of $603,000 is related to state net operating losses being carried forward that will expire in 2016.

Other deferred tax assets consist primarily of the tax effect of various allowance accounts and tax-deferred expenses expected to generate future tax benefits of approximately $41.7 million.  Other deferred tax liabilities consist primarily of the tax effect of receivables from insurance companies and tax-deferred income not yet recognized for tax purposes.  

For income tax purposes, the Company has approximately $257 million of federal net operating losses and approximately $237 million, net of valuation allowance, of state net operating losses as of December 31, 2015.  Of these amounts, approximately $111 million will be carried back to prior years and the remaining balance can be carried forward to future years.  Net operating losses that can be carried forward, if unused, are scheduled to expire as follows: 2025—$2.8 million; 2026—$17.1 million; 2027—$75,000; 2029—$33.2 million; 2030—$27.5 million; 2031—$88.0 million; 2034—$2,000; 2035—$213.9 million.

As of December 31, 2015, the Company had no unrecognized tax benefits.  The Company has established a policy to account for interest and penalties related to uncertain income tax positions as operating expenses.  As of December 31, 2015, the tax years ended December 31, 2012 through December 31, 2014 are open for examination by U.S. taxing authorities.  As of December 31, 2015, the tax years ended December 31, 2011 through December 31, 2014 are open for examination by Canadian taxing authorities.  

On January 1, 2010, the Company converted its Canadian operations from a Canadian branch to a controlled foreign corporation for federal income tax purposes.  This transaction triggered a $1.0 million increase in deferred tax liabilities, which is being amortized as an increase to deferred income tax expense over the weighted average remaining useful life of the Canadian assets.  This will be fully amortized by December 31, 2016.  

As a result of the above conversion, the Company’s Canadian assets are no longer directly subject to United States taxation, provided that the related unremitted earnings are permanently reinvested in Canada.  Effective January 1, 2010, the Company has elected to permanently reinvest these unremitted earnings in Canada, and intends to do so for the foreseeable future.  As a result, no deferred United States federal or state income taxes have been provided on such unremitted foreign earnings, which totaled approximately $28.4 million as of December 31, 2015.  The unrecognized deferred tax liability associated with these earnings was approximately $3.8 million, net of available foreign tax credits.  This liability would be recognized if the Company received a dividend of the unremitted earnings.