Income Taxes

12 Months Ended

Dec. 31, 2019

Income tax provision (benefit) applicable to continuing operations consists of the following:



	Year ended December 31,
(in thousands)	2019		2018			2017
Current:
Federal	$	1,079	$	(549	)	$	(1,668	)
State and local	1,215		323			643
Foreign	4,361		1,138			1,125
	6,655		912			100

Deferred:
Federal	4,409		10,073			(61,655		)
State and local	1,925		578			(2,107		)
Foreign	62		367			528
	6,396		11,018			(63,234		)

Total:
Federal	5,488		9,525			(63,323		)
State and local	3,140		901			(1,464		)
Foreign	4,423		1,505			1,653
	$	13,051	$	11,931		$	(63,134	)

Income (loss) before income taxes from continuing operations consists of the following:



	Year ended December 31,
(in thousands)	2019		2018		2017
U.S.	$	18,982	$	46,678	$	(25,645	)
Foreign	9,129		6,478		5,120
	$	28,111	$	53,156	$	(20,525	)

A reconciliation from the statutory U.S. federal tax rate to the effective tax rate follows:



	Year ended December 31,
	2019		2018		2017
Statutory U.S. federal tax rate	21.0	%	21.0	%	35.0	%
Increase (decrease) in rate resulting from:
Acquisition related permanent item	24.0		—		—
Federal income tax credits	(23.2	)	(3.4	)	—
State and local income taxes, net of related federal taxes	7.3		3.4		(4.2	)
Equity method investments	5.7		1.1		(0.4	)
Nondeductible compensation	4.6		1.5		(2.5	)
Impact of unrecognized tax benefits	3.9		(0.1	)	3.0
Effect of noncontrolling interest	2.4		0.1		0.2
Change in federal and state tax rates	2.1		(2.1	)	374.8
Income taxes on foreign earnings	(0.6	)	(1.5	)	(2.2	)
Tax effect of GILTI	0.4		1.4		—
Other, net	(1.2	)	0.5		4.4
Impacts related to the 2017 Tax Act	—		0.6		(7.1	)
Goodwill impairment	—		—		(93.5	)
Tax associated with accrued and unpaid dividends	—		—		0.1
Effective tax rate	46.4	%	22.5	%	307.6	%

Net income taxes of $2.0 million were paid in 2019, net income tax refunds of $5.4 million were received in 2018, and net income taxes of $2.1 million were paid in 2017.

Significant components of the Company's deferred tax liabilities and assets are as follows:



	December 31,
(in thousands)	2019			2018
Deferred tax liabilities:
Property, plant and equipment and Rail Group assets leased to others	$	(149,317	)	$	(169,558	)
Identifiable intangibles	(13,736		)	—
Investments	(41,354		)	(24,732		)
Other	(10,228		)	(7,999		)
	(214,635		)	(202,289		)
Deferred tax assets:
Employee benefits	20,583			13,161
Accounts and notes receivable	3,577			2,069
Inventory	2,437			7,595
Federal income tax credits	12,005			13,075
Identifiable intangibles	—			1,213
Net operating loss carryforwards	5,259			12,766
Deferred interest (a)	2,385			6,476
Lease liability	11,072			8,473
Other	12,093			8,839
Total deferred tax assets	69,411			73,667
less: Valuation allowance	931			1,185
	68,480			72,482
Net deferred tax liabilities	$	(146,155	)	$	(129,807	)

(a) The deferred interest tax asset represents disallowed interest deductions under IRC Section 163(j) (Limitation on Deduction for interest on Certain Indebtedness) for the current year. The disallowed interest is able to be carried forward indefinitely and utilized in future years pursuant to IRC Section 163(j)).

On December 31, 2019, the Company had $11.0 million, $64.7 million and $1.0 million of U.S. Federal, state and non-U.S. net operating loss carryforwards that begin to expire in 2034, 2020 and 2035, respectively. The Company also has $11.4 million of general business credits that expire after 2036 and $0.4 million of foreign tax credits that begin to expire after 2027.

Additionally, the company has elected to treat Global Intangible Low Tax Income (“GILTI”), as a period cost and, therefore, has not recognized deferred taxes for basis differences that may reverse as GILTI tax in future years. As of December 31, 2019, this resulted in a net financial statement expense of $0.1 million for the year.

Deferred income tax assets and liabilities are recognized for the future tax consequences attributable to differences between financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carryforwards. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. If it is more-likely-than-not that the deferred tax asset will be realized, no valuation allowance is recorded. Management's judgment is required in determining the provision for income taxes, deferred tax assets and liabilities and the valuation allowance recorded against the net deferred tax assets. The valuation allowance would need to be adjusted in the event future taxable income is materially different than amounts estimated. Significant judgments, estimates and factors considered by management in its determination of the probability of the realization of deferred tax assets include:

•Historical operating results

•Expectations of future earnings

•Tax planning strategies; and

•The extended period of time over which retirement, medical, and pension liabilities will be paid.

Our unrecognized tax benefits represent tax positions for which reserves have been established. At the end of 2019, 2018 and 2017, if our unrecognized tax benefits were recognized in future periods, they would favorably impact our effective tax rate. A reconciliation of theses unrecognized tax benefits is as follows:



(in thousands)
Balance at January 1, 2017	$	1,452
Additions based on tax positions related to the current year	—
Additions based on tax positions related to prior years	—
Reductions based on tax positions related to prior years	(92		)
Reductions as a result of a lapse in statute of limitations	(573		)
Balance at December 31, 2017	787

Additions based on tax positions related to the current year	—
Reductions based on tax positions related to prior years	—
Reductions as a result of a lapse in statute of limitations	(169		)
Balance at December 31, 2018	618

Additions based on tax positions related to the current year	1,766
Additions based on tax positions related to prior years	20,649
Reductions based on tax positions related to prior years	(155		)
Reductions as a result of a lapse in statute of limitations	(463		)
Balance at December 31, 2019	$	22,415

As of December 31, 2019, 2018 and 2017, the total amount of unrecognized tax benefits was $22.4 million, $0.6 million and $0.8 million, respectively, of which in 2019 the unrecognized tax benefits were primarily associated with R&D Credits.

The Company’s practice is to recognize interest and penalties on uncertain tax positions in the provision for income taxes in the Consolidated Statement of Operations. At December 31, 2019 and 2018, the company recorded reserves of $2.1 million and $0.3 million, respectively, of interest and penalties on uncertain tax positions in the Consolidated Balance Sheet.

The Company files tax returns in multiple jurisdictions and is subject to examination by taxing authorities in the U.S., multiple foreign, state and local jurisdictions. The Company’s Mexican federal income tax return for tax year 2015 is currently under audit. One of the company’s subsidiary partnership returns is under audit by the IRS for 2015. It is reasonably possible that audit settlements, the conclusion of current examinations or the expiration of the statute of limitations could change the Company’s unrecognized tax benefits during the next twelve months. It is not possible to reasonably estimate the expected change to the total amount of unrecognized tax benefit in the next twelve months.

In addition to the audits listed above, the company has open tax years primarily from 2013 to 2018 with various taxing jurisdictions, including the U.S., Canada, Mexico and the U.K. These open years contain matters that could be subject to differing interpretations of applicable tax laws and regulations as they relate to the amount, timing or inclusion of revenue and expenses or the sustainability of income tax credits for a given audit cycle. The Company has recorded a tax benefit only for those positions that meet the more-likely-than-not standard.