XML 42 R26.htm IDEA: XBRL DOCUMENT v3.19.3.a.u2
Note 17 - Income Taxes
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
17.
INCOME TAXES:
 
The United States and foreign components of Income (loss) from continuing operations before income taxes are as follows (in thousands):
 
   
Year Ended December 31,
 
   
2019
   
2018
   
2017
 
                         
United States
  $
32,244
    $
16,207
    $
(9,634
)
Foreign
   
396
     
853
     
142
 
Total
  $
32,640
    $
17,060
    $
(9,492
)
 
The components of Income tax expense (benefit) from continuing operations are as follows (in thousands):
 
   
Year Ended December 31,
 
   
2019
   
2018
   
2017
 
                         
Current:
                       
Federal
  $
174
    $
(117
)   $
(466
)
State
   
(16
)    
99
     
49
 
Foreign
   
439
     
395
     
12
 
Total current income tax expense (benefit)
   
597
     
377
     
(405
)
Deferred:
                       
Federal
   
3,597
     
(2,954
)    
(766
)
State
   
561
     
(807
)    
71
 
Foreign
   
(17
)    
132
     
-
 
Total deferred income tax expense (benefit)
   
4,141
     
(3,629
)    
(695
)
    $
4,738
    $
(3,252
)   $
(1,100
)
 
On
December 
22,
2017,
the Tax Cuts and Jobs Act of
2017
was signed into law making significant changes to the Internal Revenue Code. Changes include, but are
not
limited to, a federal corporate income tax rate decrease from
35%
to
21%
effective for tax years beginning after
December 
31,
2017,
the transition of U.S. international taxation from a worldwide tax system to a territorial system, and a
one
-time transition tax on the mandatory deemed repatriation of cumulative foreign earnings as of
December 
31,
2017.
In accordance with the TCJA, the Company recorded
$0.9
 million as additional income tax expense in the
fourth
quarter of
2017,
the period in which the legislation was enacted. The total expense included
$0.6
 million related to the remeasurement of certain deferred income tax assets and liabilities and
$0.2
 million related to the transition tax. Additionally, Staff Accounting Bulletin
No.
 
118
(“SAB 
118”
) was issued to address the application of U.S. GAAP in situations when a registrant does
not
have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the TCJA.
December 
22,
2018
marked the end of the measurement period for purposes of SAB 
118.
As such, the Company has completed the analysis based on legislative updates relating to the TCJA currently available, which did
not
result in material changes from the amount recorded in
2017.
 
The difference between the Company’s effective income tax rate and the federal statutory income tax rate is explained as follows (dollar amounts in thousands):
 
   
Year Ended December 31,
 
   
2019
   
2018
   
2017
 
                         
Income tax expense (benefit) at federal statutory rate
  $
6,854
    $
3,583
    $
(3,322
)
State expense (benefit), net of federal income tax effect
   
1,261
     
(218
)    
(472
)
Federal and state income tax credits
   
-
     
(7
)    
36
 
Change in valuation allowance
   
(3,564
)    
(2,618
)    
1,570
 
Tax windfall on share-based compensation
   
-
     
(369
)    
-
 
Excess income tax shortfall on share-based compensation
   
-
     
-
     
765
 
Bargain purchase gain
   
-
     
(4,228
)    
-
 
Effect of Tax Cuts and Jobs Act of 2017
   
-
     
-
     
874
 
Uncertain income tax positions
   
-
     
-
     
(562
)
Foreign rate differential
   
36
     
77
     
-
 
Other
   
151
     
528
     
11
 
Income tax expense (benefit)
  $
4,738
    $
(3,252
)   $
(1,100
)
Effective income tax rate
   
14.5
%
   
(19.1
)%
   
(11.6
)%
 
The income tax effect of temporary differences that give rise to significant portions of deferred income tax assets and liabilities is presented below (in thousands):
 
   
December 31,
 
   
2019
   
2018
 
Deferred income tax assets:
               
Contract assets, net
  $
-
    $
425
 
Accrued employee benefits
   
3,089
     
2,157
 
Inventories
   
147
     
347
 
Trade receivable, net
   
788
     
1,040
 
Net operating loss carryforwards
   
5,391
     
12,867
 
Tax credit carryforwards
   
5,173
     
5,181
 
Other
   
509
     
226
 
     
15,097
     
22,243
 
Valuation allowance
   
(6,126
)    
(9,433
)
     
8,971
     
12,810
 
Deferred income tax liabilities:
               
Contract assets, net
   
(1,703
)    
-
 
Property and equipment
   
(10,578
)    
(11,984
)
Intangible assets
   
(226
)    
(310
)
Prepaid expenses
   
(587
)    
(470
)
     
(13,094
)    
(12,764
)
                 
Net deferred income tax assets (liabilities)
  $
(4,123
)   $
46
 
                 
Amounts are presented in the Consolidated Balance Sheets as follows:
               
Deferred income tax assets, included in Other assets
  $
142
    $
114
 
Deferred income taxes
   
(4,265
)    
(68
)
Net deferred income tax assets (liabilities)
  $
(4,123
)   $
46
 
 
In assessing the ability to realize deferred income tax assets, management considers whether it is more likely than
not
that some portion or all of the deferred income tax assets will
not
be realized. The ultimate realization of deferred income tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred income tax liabilities, projected future taxable income, taxable income in carryback periods, and tax planning strategies in making this assessment. Because the Company has a recent history of generating cumulative losses, management did
not
consider projections of future taxable income as persuasive evidence for the recoverability of its deferred income tax assets. The Company believes it is more likely than
not
it will realize the benefits of its deductible differences as of
December 
31,
2019,
net of any valuation allowance.
 
As of
December 
31,
2019,
the Company had approximately
$13.2
 million of federal net operating loss carryforwards,
$6.7
million of which expire in
2036
 and
$6.5
million of which are indefinite lived,
$2.9
million of federal income tax credit carryforwards, which expire on various dates between
2023
and
2038,
and
$0.9
 million of capital loss carryforwards, which expire in
2023.
As of
December 
31,
2019,
the Company also had approximately
$32.1
 million of state net operating loss carryforwards, which expire on various dates between
2020
and
2037,
and state income tax credit carryforwards of
$4.2
 million, which begin to expire in
2020.
As of
December 
31,
2019,
the Company also had approximately
$3.0
 million of foreign net operating loss carryforwards, which expire on various dates between
2023
and
2029.
 
The Company files income tax returns in the United States Federal jurisdiction, in a limited number of foreign jurisdictions, and in many state jurisdictions. With few exceptions, the Company is
no
longer subject to United States Federal, state, or foreign income tax examinations for years before
2015.
 
A summary of the changes in the unrecognized income tax benefits is presented below (in thousands):
 
   
Year Ended December 31,
 
   
2019
   
2018
   
2017
 
                         
Unrecognized income tax benefits, beginning of year
  $
4,350
    $
4,116
    $
4,874
 
Decreases for lapse in statute of limitations
   
-
     
-
     
(520
)
Decreases for positions taken in prior years
   
-
     
-
     
(238
)
Increases for positions taken in the current year
   
-
     
234
     
-
 
Unrecognized income tax benefits, end of year
  $
4,350
    $
4,350
    $
4,116
 
 
The Company does
not
believe it is reasonably possible that the total amounts of unrecognized income tax benefits will change in the following
twelve
months; however, actual results could differ from those currently expected. Effectively all of the unrecognized income tax benefits would affect the Company’s effective income tax rate if recognized at some point in the future.
 
The Company recognizes interest and penalties related to uncertain income tax positions in Income tax benefit from continuing operations. As of
December 
31,
2019
and
2018,
the Company had
no
accrued interest related to uncertain income tax positions. Total interest for uncertain income tax positions did
not
change materially in
2019,
2018,
or
2017.