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INCOME TAXES (Tables)
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Schedule of components of the income tax expense (benefit) The components of the income tax expense (benefit) are as follows (in thousands):
 Year Ended December 31,
 202220212020
Current income tax expense (benefit):  
Federal$— $128 $(10,705)
State353 262 372 
Current income tax expense (benefit)353 390 (10,333)
Deferred income tax provision (benefit):
Federal98,772 9,912 (7,495)
State33,894 996 (2,133)
Deferred income tax provision (benefit)132,666 10,908 (9,628)
Income tax expense (benefit)$133,019 $11,298 $(19,961)
Schedule of reconciliation of total income tax expense (benefit) to amounts computed by applying statutory federal income tax rate to income (loss) from continuing operations before income taxes
A reconciliation of the income tax expense (benefit) to the amounts computed by applying the statutory federal income tax rate to income (loss) from continuing operations before income taxes is shown as follows (in thousands):
 Year Ended December 31,
 202220212020
Federal statutory income tax$(11,538)$17,731 $(8,931)
State income taxes, net365 1,269 (3,551)
Excess tax deductions on non-cash compensation4,117 (9,401)(2,033)
Impact of the Coronavirus Aid, Relief, and Economic Security Act— — (6,104)
Research and experimentation tax credit(2,906)(3,207)(3,800)
Nondeductible executive compensation2,692 3,058 1,778 
Increase (decrease) in valuation allowance139,374 595 2,100 
Uncertain tax positions405 435 458 
Nondeductible meals & entertainment267 239 99 
Other, net243 579 23 
Income tax expense (benefit)$133,019 $11,298 $(19,961)
Schedule of components of the deferred tax assets and deferred tax liabilities
The tax effects of cumulative temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities are as follows (in thousands):
 December 31,
 20222021
Deferred tax assets:  
Provision for accrued expenses$3,257 $5,405 
Leasing25,213 27,419 
Net operating loss carryforwards (a)
59,302 66,977 
Capitalized research and experimentation17,843 — 
Non-cash compensation expense30,451 26,756 
Intangible assets10,240 15,222 
Interest30,054 8,036 
Tax credits16,174 15,848 
Other104 1,079 
Total gross deferred tax assets192,638 166,742 
Less: valuation allowance (b)
(145,401)(6,039)
Total deferred tax assets, net of the valuation allowance47,237 160,703 
Deferred tax liabilities:
Leasing(21,445)(24,590)
Property and equipment(6,227)(8,156)
Equity investment(25,756)(25,608)
Other(592)(444)
Total gross deferred tax liabilities(54,020)(58,798)
Net deferred taxes$(6,783)$101,905 
(a)At December 31, 2022, the Company had pre-tax consolidated federal net operating losses (“NOLs”) of $187.9 million. The federal NOLs no longer expire under the new TCJA. The Company's NOLs will be available to offset taxable income subject to the Internal Revenue Code Section 382 annual limitation. In addition, the Company has state NOLs of approximately $517.0 million at December 31, 2022 a portion of which will expire at various times between 2023 and 2042.
(b)The valuation allowance is related to items for which it is “more likely than not” that the tax benefit will not be realized.
Deferred income taxes are presented in the accompanying consolidated balance sheets as follows (in thousands):
 December 31,
 20222021
Deferred income tax assets$— $87,581 
Non-current assets of discontinued operations— 16,589 
Deferred income tax liabilities(6,783)(2,265)
Net deferred taxes$(6,783)$101,905 
Schedule of the deferred tax valuation allowance reconciliation
A reconciliation of the beginning and ending balances of the deferred tax valuation allowance is as follows (in thousands):
 Year Ended December 31,
 202220212020
Balance, beginning of the period$6,039 $5,802 $4,102 
Charges to earnings139,362 237 1,700 
Balance, end of the period$145,401 $6,039 $5,802 
Schedule of reconciliation of beginning and ending amounts of unrecognized tax benefits, excluding interest and penalties
A reconciliation of the beginning and ending amounts of unrecognized tax benefits, excluding interest and penalties, is as follows (in thousands):
 Year Ended December 31,
 20222021
Balance, beginning of the period$2,914 $2,613 
Additions based on tax positions of the current period405 435 
Additions (subtractions) based on tax positions of the prior period(37)(134)
Balance, end of the period$3,282 $2,914