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INCOME TAXES
 12 Months Ended
Jan. 31, 2022
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]
12. INCOME TAXES

 

The provision for income taxes for fiscal years 2021, 2020, and 2019 consist of the following (amounts in thousands):

 

   2021   2020   2019 
                
Federal:               
Current  $4,450   $1,323   $1,918 
Deferred   12,064    (1,850)   (1,387)
                
    16,514    (527)   531 
                
State and Local:               
Current   3,098    602    (2,223)
Deferred   (581)   (621)   (293)
                
    2,517    (19)   (2,516)
                
Provision (benefit) for income taxes  $19,031   $(546)  $(1,985)

 

The tax effects of significant temporary differences representing deferred tax assets and liabilities are as follows (amounts in thousands):

 

   January 31, 
   2022   2021 
           
Assets:          
General business credit carryforward  $39,199   $40,641 
Accrued liabilities   582    3 
State net operating loss carryforward   269    294 
Other items   280    206 
Valuation allowance   (213)   (232)
           
Total   40,117    40,912 
Liabilities:          
Basis in pass through entities, including depreciation   (17,995)   (20,076)
Other   (340)   (159)
           
Total   (18,335)   (20,235)
Net deferred tax asset  $21,782   $20,677 

The Company has a general business credit carryforward of approximately $39.2 million and approximately $40.6 million at January 31, 2022 and 2021, respectively. The Company can carry these credits forward for up to twenty years. The carryforward period begins to expire in fiscal year 2038.

 

The Company has a valuation allowance of approximately $213,000 and $232,000 at January 31, 2022 and 2021, respectively, related to state net operating loss carryforwards. The Company decreased the valuation allowance by $19,000 in fiscal year 2021. These adjustments to the valuation allowance are a result of estimates of realizing certain future state tax benefits.

 

The Company assessed all available positive and negative evidence to determine whether it expects sufficient future taxable income will be generated to allow for the realization of existing federal deferred tax assets. The company ceased operation of its refined coal business on November 18, 2021. There is sufficient objectively verifiable income for management to conclude that it is more likely than not that the Company will utilize available federal deferred tax assets prior to their expiration.

 

Through its refined coal operation, the Company earned production tax credits pursuant to IRC Section 45. The credits can be used to reduce future income tax liabilities for up to 20 years. These credits increased the income tax benefit from discontinued operations by approximately $11.3 million, $5.2 million, and $9.0 million during fiscal years 2021, 2020, and 2019, respectively.

 

During fiscal years 2021, 2020, and 2019, the Company recognized an income tax benefit (provision) for federal and state research and experimentation credits (net of uncertain tax position expense) of approximately $(3.0) million, $0.9 million, and $0.4 million, respectively. The credits can be used to reduce future income tax liabilities for up to 20 years.

 

The Company paid income taxes of approximately $7,239,000, $1,274,000, and $565,000 in fiscal years 2021, 2020, and 2019, respectively. The Company received refunds of income taxes of approximately $655,000 and $11,000 in fiscal years 2020 and 2019, respectively. The Company did not receive any refunds in fiscal year 2021.

 

Reconciliations of the federal statutory tax and the Company’s income tax (benefit) expense for fiscal years 2021, 2020, and 2019 are as follows (amounts in thousands):

 

   2021   2020   2019 
                
Federal income tax at statutory rate  $15,926   $885   $1,360 
State and local taxes, net of federal tax benefit   2,396    150    230 
Research and experimentation credits   (5,184)   (2,008)   (899)
Uncertain tax positions   8,340    1,046    (1,435)
Noncontrolling interest   (2,231)   (707)   (1,118)
Other   (216)   88    (123)
                
Total  $19,031   $(546)  $(1,985)

 

The Company files a U.S. federal income tax return and income tax returns in various states. In general, the Company is no longer subject to U.S. federal, state or local income tax examinations by tax authorities for fiscal years ended January 31, 2014 and prior. The Company is currently undergoing a federal income tax examination for the years ended January 31, 2015 through January 31, 2020.

The Company applies the provisions of ASC 740-10-25-5 for uncertain tax positions. As of January 31, 2022, total unrecognized tax benefits were approximately $16,741,000, and accrued penalties and interest were approximately $40,000. If the Company were to prevail on all unrecognized tax benefits recorded, the provision for income taxes would be reduced by approximately $16,662,000. In addition, the impact of penalties and interest would also benefit the effective tax rate. Interest and penalties associated with unrecognized tax benefits are recorded within income tax expense.

 

On a quarterly and annual basis, the Company accrues for the effects of open uncertain tax positions and the related potential penalties and interest. It is reasonably possible that the amount of the unrecognized tax benefit with respect to certain unrecognized tax positions will increase or decrease during the next 12 months; however, the Company does not expect the change to have a material effect on results of operations or financial position. A reconciliation of the beginning and ending amount of unrecognized tax benefits, including interest and penalties, is as follows (amounts in thousands):

 

   Fiscal Year 
   2021   2020 
           
Unrecognized tax benefits, beginning of year  $8,400   $7,370 
Changes for tax positions for prior years   3,827    (74)
Changes for tax positions for current year   4,554    1,104 
           
Unrecognized tax benefits, end of year  $16,781   $8,400