INCOME TAXES

Income tax expense (benefit) for the years ended

December

31,

2016,

2015,

and

2014

is comprised of:

(in thousands)	2016			2015		2014
Federal, current	$	11,951		$	124	$	(94	)
Federal, deferred		(2,925	)		18,185		12,830
State, current		1,811			426		187
State, deferred		(451	)		3,087		1,851
	$	10,386		$	21,822	$	14,774

Income tax expense for the years ended

December

31,

2016,

2015,

and

2014

is summarized below:

(in thousands)	2016			2015			2014
Computed "expected" income tax expense	$	9,527		$	22,368		$	11,404
State income taxes, net of federal income tax effect		953			2,237			1,075
Per diem allowances		2,205			2,329			2,304
Tax contingency accruals		(273	)		1,599			(104	)
Valuation allowance, net		-			218			18
Tax credits		(694	)		(7,151	)		(112	)
Other, net		(1,332	)		222			189
Actual income tax expense	$	10,386		$	21,822		$	14,774

Income tax expense varies from the amount computed by applying the federal corporate income tax rate of

35%

to income before income taxes primarily due to state income taxes, net of federal income tax effect, adjusted for permanent differences, the most significant of which is the effect of the per diem pay structure for drivers. Drivers who meet the requirements to receive per diem receive non-taxable per diem pay in lieu of a portion of their taxable wages. This per diem program increases our drivers' net pay per mile, after taxes, while decreasing gross pay, before taxes. As a result, salaries, wages, and employee benefits are slightly lower and our effective income tax rate is higher than the statutory rate. Generally, as pre-tax income increases, the impact of the driver per diem program on our effective tax rate decreases, because aggregate per diem pay becomes smaller in relation to pre-tax income, while in periods where earnings are at or near breakeven, the impact of the per diem program on our effective tax rate is significant. Due to the partially nondeductible effect of per diem pay, our tax rate will fluctuate in future periods based on fluctuations in earnings.

The temporary differences and the approximate tax effects that give rise to our net deferred tax liability at

December

31,

2016

and

2015

are as follows:

(in thousands)	2016			2015
Deferred tax assets:
Insurance and claims	$	15,147		$	15,495
Net operating loss carryovers		3,326			15,348
Tax credits		6,409			10,585
Other		5,113			4,730
Deferred fuel hedge		1,653			10,947
Valuation allowance		(1,219	)		(1,219	)
Total deferred tax assets		30,429			55,886

Deferred tax liabilities:
Property and equipment		(98,679	)		(125,188	)
Other		(11,121	)		(4,398	)
Prepaid expenses		(4,786	)		(3,281	)
Total net deferred tax liabilities		(114,586	)		(132,867	)

Net deferred tax liability	$	(84,157	)	$	(76,981	)

The net deferred tax liability of

$84.2

million primarily relates to differences in cumulative book versus tax depreciation of property and equipment, partially off-set by net operating loss carryovers and insurance claims that have been reserved but not paid. The carrying value of our deferred tax assets assumes that we will be able to generate, based on certain estimates and assumptions, sufficient future taxable income in certain tax jurisdictions to utilize these deferred tax benefits. If these estimates and related assumptions change in the future, we

may

be required to establish a valuation allowance against the carrying value of the deferred tax assets, which would result in additional income tax expense. On a periodic basis, we assess the need for adjustment of the valuation allowance. Based on forecasted taxable income resulting from the reversal of deferred tax liabilities, primarily generated by accelerated depreciation for tax purposes in prior periods, and tax planning strategies available to us,

valuation allowance has been established at

December

31,

2016

2015,

except for

1.2

million at

December

31,

2016

and

2015,

respectively, related to certain state net operating loss carry forwards. If these estimates and related assumptions change in the future, we

may

be required to modify our valuation allowance against the carrying value of the deferred tax assets.

As of

December

31,

2016,

we had a

$2.8

million liability recorded for unrecognized tax benefits, which includes interest and penalties of

$0.8

million. We recognize interest and penalties accrued related to unrecognized tax benefits in tax expense. As of

December

31,

2015,

we had a

$3.2

million liability recorded for unrecognized tax benefits, which included interest and penalties of

$0.9

million. Interest and penalties recognized for uncertain tax positions provided for a

$0.1

million,

$0.2

million, and a

$0.1

million benefit in each of

2016,

2015,

and

2014

respectively.

The following tables summarize the annual activity related to our gross unrecognized tax benefits (in thousands) for the years ended

December

31,

2016,

2015,

and

2014:

	2016			2015			2014
Balance as of January 1,	$	2,394		$	995		$	1,060
Increases related to prior year tax positions		-			1,737			246
Decreases related to prior year positions		-			-			-
Increases related to current year tax positions		-			-			42
Decreases related to settlements with taxing authorities		(88	)		(182	)		(126	)
Decreases related to lapsing of statute of limitations		(255	)		(156	)		(227	)
Balance as of December 31,	$	2,051		$	2,394		$	995

If recognized,

$2.4

million and

$2.7

million of unrecognized tax benefits would impact our effective tax rate as of

December

31,

2016

and

2015,

respectively. Any prospective adjustments to our reserves for income taxes will be recorded as an increase or decrease to our provision for income taxes and would impact our effective tax rate.

Our

2013

through

2016

tax years remain subject to examination by the IRS for U.S. federal tax purposes, our major taxing jurisdiction. In the normal course of business,

we are also subject to audits by state and local tax authorities.

While it is often difficult to predict the final outcome or the timing of resolution of any particular tax matter, we believe that our reserves reflect the more likely than not outcome of known tax contingencies. We adjust these reserves, as well as the related interest, in light of changing facts and circumstances. Settlement of any particular issue would usually require the use of cash. Favorable resolution would be recognized as a reduction to our annual tax rate in the year of resolution. We do not expect any significant increases or decreases for uncertain income tax positions during the next year.

Our existing federal net operating loss carryforwards were used to offset our taxable income during

2016.

Our federal tax credits of

$7.6

million, along with a federal alternative minimum tax credit carryforward of

$0.3

million are available to offset future federal taxable income, if any, through

2035,

while our state net operating loss carryforwards and state tax credits of

$78.1

million and

$0.3

million, respectively expire over various periods through

2035

based on jurisdiction.