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INCOME TAXES
12 Months Ended
Dec. 31, 2022
INCOME TAXES  
INCOME TAXES

NOTE F – INCOME TAXES

Significant components of the provision or benefit for income taxes for the years ended December 31 were as follows:

    

2022

    

2021

    

2020

   

(in thousands)

 

Current provision:

    

    

    

    

    

    

Federal

$

80,378

$

56,451

$

10,001

State

 

19,949

 

14,430

 

3,267

Foreign

 

869

 

341

 

413

 

101,196

 

71,222

 

13,681

Deferred provision (benefit):

Federal

 

(5,477)

 

(6,098)

 

5,948

State

 

(753)

 

(1,554)

 

1,789

Foreign

 

(20)

 

63

 

(22)

 

(6,250)

 

(7,589)

 

7,715

Total provision for income taxes

$

94,946

$

63,633

$

21,396

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Components of the deferred tax provision or benefit for the years ended December 31 were as follows:

2022

2021

2020

 

(in thousands) 

 

Amortization, depreciation, and basis differences for property, plant and equipment and other long-lived assets(1)

    

$

4,186

    

$

1,451

    

$

4,975

Amortization of intangibles

 

(2,973)

 

(536)

 

183

Changes in reserves for workers’ compensation, third-party casualty, and cargo claims

 

(3,713)

 

(3,294)

 

(182)

Revenue recognition

 

13

 

(1,445)

 

(1,481)

Allowance for credit losses

 

(391)

 

156

 

(652)

Nonunion pension and other retirement plans

 

(4)

 

(3)

 

957

Multiemployer pension fund withdrawal

172

164

157

Federal and state net operating loss carryforwards utilized (generated)

 

899

 

(300)

 

(259)

State depreciation adjustments

 

(915)

 

598

 

343

Share-based compensation

 

749

 

(984)

 

(195)

Valuation allowance increase (decrease)

 

(489)

 

911

 

617

Other accrued expenses

 

(3,104)

 

(4,097)

 

1,663

Prepaid expenses

(18)

(788)

1,207

Operating lease right-of-use assets/liabilities – net

(651)

(228)

(13)

Other

 

(11)

 

806

 

395

Deferred tax provision (benefit)

$

(6,250)

$

(7,589)

$

7,715

(1)The Tax Cuts and Jobs Act, enacted in December 2017, allowed first year bonus depreciation at 100% for assets placed into service between September 27, 2017 and January 1, 2023. Due to a decrease in the purchase of assets eligible for 100% depreciation, the deferred tax expense related to the tax depreciation expense in excess of book depreciation decreased over the two-year period from 2020 through 2021 but increased in 2022.

Significant components of the deferred tax assets and liabilities at December 31 were as follows:

2022

2021

 

(in thousands)

 

Deferred tax assets:

    

    

    

    

Accrued expenses

$

53,997

$

47,683

Operating lease right-of-use liabilities

46,056

30,590

Supplemental pension liabilities

81

97

Multiemployer pension fund withdrawal

5,063

5,247

Postretirement liabilities other than pensions

 

3,137

 

4,441

Share-based compensation

 

5,794

 

6,755

Federal and state net operating loss carryovers

 

753

 

1,652

Receivable allowances

3,052

2,778

Other

 

417

 

266

Total deferred tax assets

 

118,350

 

99,509

Valuation allowance

 

(1,707)

 

(2,196)

Total deferred tax assets, net of valuation allowance

 

116,643

 

97,313

Deferred tax liabilities:

Amortization, depreciation, and basis differences for property, plant and equipment, and other long-lived assets

 

117,586

 

114,999

Operating lease right-of-use assets

44,170

29,403

Intangibles

 

4,396

 

6,966

Prepaid expenses

 

5,424

 

5,368

Total deferred tax liabilities

 

171,576

 

156,736

Net deferred tax liabilities

$

(54,933)

$

(59,423)

Reconciliation between the effective income tax rate, as computed on income before income taxes, and the statutory federal income tax rate for the years ended December 31 is presented in the following table:

2022

2021

2020

 

(in thousands, except percentages)

 

Income tax provision at the statutory federal rate of 21.0%

    

$

82,562

    

$

58,202

    

$

19,424

Federal income tax effects of:

 

State income taxes

 

(4,031)

 

(2,704)

 

(1,062)

Nondeductible expenses

 

5,607

 

3,596

 

1,395

Life insurance proceeds and changes in cash surrender value

 

575

 

(866)

 

(488)

Alternative fuel credit

 

(2,449)

 

 

(1,261)

Net increase (decrease) in valuation allowances

 

(464)

 

887

 

617

Net increase (decrease) in uncertain tax positions

854

(933)

Settlement of share-based compensation

(6,852)

(6,140)

420

Foreign tax credits generated

(849)

(404)

(391)

Federal research and development tax credits

278

(2,044)

(2,078)

Other

 

524

 

(1,028)

 

306

Federal income tax provision

 

74,901

 

50,353

 

15,949

State income tax provision

 

19,196

 

12,876

 

5,056

Foreign income tax provision

 

849

 

404

 

391

Total provision for income taxes

$

94,946

$

63,633

$

21,396

Effective tax rate

 

24.1

%  

 

23.0

%  

 

23.1

%  

Income taxes paid, excluding income tax refunds, totaled $148.7 million, $77.5 million, and $28.6 million in 2022, 2021, and 2020, respectively. Income tax refunds totaled $42.3 million, $19.4 million, and $13.3 million in 2022, 2021, and 2020, respectively.

Under Accounting Standards Codification Topic 718, Compensation – Stock Compensation, the Company may experience volatility in its income tax provision as a result of recording all excess tax benefits and tax deficiencies in the income statement upon settlement of awards, which occurs primarily during the second quarter of each year. The 2022 and 2021 tax rates reflect a tax benefit of 2.1% and 2.8%, respectively, and the 2020 tax rate reflects tax expense of 0.5%, for settlement of stock awards. The tax benefit of dividends on share-based payment awards was less than $0.1 million for each of the years 2022, 2021, and 2020.

At December 31, 2022, the Company had gross federal net operating loss carryforwards of $0.8 million. Due to taxable income, there is no need for a valuation allowance on these amounts at December 31, 2022 or 2021, and the related valuation allowance of $0.1 million was removed at December 31, 2021. At December 31, 2022, the Company had total gross state net operating losses of $9.9 million. Gross state net operating losses of $1.0 million are from the acquisition of Panther and relate to periods ending on or prior to June 15, 2012. State carryforward periods for the remaining Panther net operating losses vary from 10 to 15 years. Gross state net operating losses of $7.3 million are for subsidiaries that have had taxable losses for three or more prior tax years or have other nexus issues that reduce the likelihood of the utilization of the losses. These net operating loss carryforwards have been fully reserved with valuation allowances of $0.4 million and $1.1 million at December 31, 2022 and 2021, respectively. Additional valuation allowances of $0.2 million related to state research and development tax credits were reserved at December 31, 2022 and 2021, and less than $0.1 million related to state interest expense carryforwards was reserved at December 31, 2022 and 2021.

As the Canadian tax rate is now higher than the U.S. tax rate, it is unlikely that foreign tax credit carryforwards will be useable, as U.S. taxes will be paid at a lower rate than the tax rates in Canada. Thus, the foreign tax credit carryover is fully reserved, resulting in valuation allowances of $1.0 million and $0.8 million at December 31, 2022 and 2021, respectively.

Consolidated federal income tax returns filed for tax years through 2018 are closed by the applicable statute of limitations. The Company is not under examination by any federal or foreign taxing authorities at December 31, 2022. The Company is under examination by one state taxing authority at December 31, 2022.

At December 31, 2022 and 2021, there was a reserve for uncertain tax positions of $0.9 million related to credits taken on federal returns.

For 2022, 2021, and 2020, interest paid or accrued related to foreign and state income taxes was immaterial.