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INCOME TAXES
9 Months Ended
Sep. 30, 2023
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
 Three Months Ended
September 30,
Nine Months Ended
September 30,
 2023202220232022
(in thousands, except percentages)
Income tax benefit (expense)$3,534 $(135,911)$2,912 $(133,954)
Effective tax rate2.3 %(596.8)%2.1 %(307.3)%
For the third quarter and first nine months of 2023, the effective tax rate varied from the federal statutory rate of 21% primarily due to the change in the valuation allowance, net of the current period change in tax effected net indefinite-lived intangibles. For the third quarter and first nine months of 2022, the effective tax rate varied from the federal statutory rate of 21% primarily due to expense of $139.7 million to record a full valuation allowance against the Company's net deferred tax assets, excess tax expense of $1.8 million and $4.7 million, respectively, resulting from vesting of restricted stock in accordance with ASU 2016-09 and the effect of state taxes.
The Company has a valuation allowance against the net deferred tax assets, with the exception of the net deferred tax liabilities that result from indefinite-life intangibles. At September 30, 2022, the Company recorded a net deferred tax asset of zero as the cumulative net deferred tax asset had a full valuation on it and there was not enough positive evidence that would warrant recognizing the benefit of the net deferred tax asset. In addition, the net indefinite lived deferred tax items were determined to be a net liability resulting in the recognition of a deferred tax liability.
 Three Months Ended
September 30,
Nine Months Ended
September 30,
 2023202220232022
(in thousands)
Income tax benefit - excluding excess tax expense on stock compensation$3,534 $5,511 $2,912 $10,374 
Income tax expense from valuation allowance— (139,670)— (139,670)
Excess tax expense on stock compensation— (1,752)— (4,658)
Income tax benefit (expense)$3,534 $(135,911)$2,912 $(133,954)