10.

INCOME TAXES

Income Before Income Taxes

The consolidated income (loss) before income taxes for 2016, 2015 and 2014 consists of the following (in thousands):

	2016		2015		2014
Domestic	$	185,042	$	163,325	$	98,246
Foreign		375		(14)		216
Total income before income taxes	$	185,417	$	163,311	$	98,462

Income Tax Expense

The consolidated income tax expense for 2016, 2015 and 2014 consists of the following components (in thousands):

	2016		2015		2014
Current
Federal	$	51,489	$	58,090	$	19,036
State		10,307		8,627		1,805
Foreign		144		54		118
	$	61,940	$	66,771	$	20,959
Deferred
Federal	$	3,448	$	(7,930)	$	12,913
State		686		288		3,778
Foreign		(90)		(107)		(118)
	$	4,044	$	(7,749)	$	16,573
Total consolidated expense	$	65,984	$	59,022	$	37,532

The following table provides a reconciliation of differences from the U.S. Federal statutory rate of 35% as follows (in thousands):

	2016		2015		2014
Pretax book income	$	185,417	$	163,311	$	98,462

Federal tax expense at 35% statutory rate		64,896		57,159		34,462
State and local income taxes		7,145		6,190		4,808
Benefit of domestic production deduction		(5,065)		(5,255)		(2,010)
Other		(992)		928		272
Total income tax expense	$	65,984	$	59,022	$	37,532

Deferred Taxes

The Company’s deferred income taxes are primarily due to temporary differences between financial and income tax reporting for incentive compensation, depreciation of property, plant and equipment, amortization of intangibles, inventory adjustments, other accrued liabilities and net operating loss carryforwards (“NOLs”).

Deferred tax assets are reduced by a valuation allowance when, in the opinion of management, it is more likely than not that some portion or all of the deferred tax assets will not be realized. Companies are required to assess whether valuation allowances should be established against their deferred tax assets based on the consideration of all available evidence, both positive and negative, using a “more likely than not” standard. In making such judgments, significant weight is given to evidence that can be objectively verified.

The Company assesses, on a quarterly basis, the realizability of its deferred tax assets by evaluating all available evidence, both positive and negative, including: (1) the cumulative results of operations in recent years, (2) the nature of recent losses, if applicable, (3) estimates of future taxable income, (4) the length of NOLs and (5) the uncertainty associated with a possible change in ownership, which imposes an annual limitation on the use of these carryforwards.

As of December 31, 2016 and 2015, the Company retained a valuation allowance of $1.2 and $1.2 million, respectively, against deferred tax assets related to various state and local NOLs that are subject to restrictive rules for future utilization.

As of December 31, 2016, the Company had no U.S. federal tax NOLs. The Company had various multistate income tax NOLs, which have been recorded as a deferred income tax asset of approximately $2.3 million, before valuation allowances. These NOLs will expire beginning in 2017, if unused.

The components of deferred tax assets and deferred tax liabilities as of December 31, 2016 and 2015 were as follows (in thousands):

	2016		2015
Deferred tax assets
Tax credits and loss carryforwards	$	260	$	563
Accrued liabilities		9,852		9,211
Incentive compensation		21,206		24,682
Other		4,084		3,909
	$	35,402	$	38,365
Deferred tax liabilities
Property, plant and equipment		(5,823)		(4,000)
Intangibles		(5,299)		(5,325)
Prepaid assets		(689)		(697)
Convertible note discount		(715)		(3,234)
Other		(1,860)		(1,658)
	$	(14,386)	$	(14,914)

Net deferred tax asset before valuation allowances and reserves	$	21,016	$	23,451
Valuation allowances		(1,172)		(1,159)
Net deferred tax asset	$	19,844	$	22,292

Tax Reserves

The Company’s policy with respect to interest and penalties associated with reserves or allowances for uncertain tax positions is to classify such interest and penalties in Income Tax Expense on the Consolidated Statement of Operations. As of December 31, 2016 and 2015, the total amount of unrecognized income tax benefits was approximately $12.7 million and $11.7 million, respectively, all of which, if recognized, would impact the effective income tax rate of the Company. As of December 31, 2016 and 2015, the Company had recorded a total of $1.8 and $1.1 million, respectively of accrued interest and penalties related to uncertain tax positions. The Company foresees no significant changes to the facts and circumstances underlying its reserves and allowances for uncertain income tax positions as reasonably possible during the next 12 months. As of December 31, 2016, the Company is subject to unexpired statutes of limitation for U.S. federal income taxes for the years 2003 through 2016. The Company is also subject to unexpired statutes of limitation for Indiana state income taxes for the years 2014 through 2016.

A reconciliation of the beginning and ending amount of unrecognized tax benefits was as follows (in thousands) and all balances as of December 31, 2016 were included in either Other Noncurrent Liabilities or Deferred Income Taxes in the Company’s Consolidated Balance Sheet:

Balance at January 1, 2015	$	10,648

Decrease in prior year tax positions		(23)

Balance at December 31, 2015	$	10,625

Decrease in prior year tax positions		-

Balance at December 31, 2016	$	10,625