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Note 13 - Federal and State Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
13.
FEDERAL AND STATE INCOME TAXES
 
Under GAAP, deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and for income tax reporting purposes.
 
Significant components of the Company’s deferred tax liabilities and assets at
December 31
are as follows:
 
   
201
8
   
201
7
 
   
(in thousands)
 
                 
Deferred tax liabilities:
               
Property and equipment
  $
78,502
    $
60,388
 
Unrealized gains on securities
   
2,580
     
2,580
 
Prepaid expenses and other
   
2,667
     
2,603
 
                 
Total deferred tax liabilities
   
83,749
     
65,571
 
                 
Deferred tax assets:
               
Allowance for doubtful accounts
   
572
     
344
 
QAFMV tax credit carryforward
   
864
     
864
 
New hire tax credit
   
124
     
124
 
Compensated absences
   
460
     
410
 
Self-insurance allowances
   
188
     
149
 
Share-based compensation
   
-
     
61
 
Marketable equity securities
   
2,200
     
750
 
Net operating loss carryover
   
17,241
     
7,975
 
Other
   
203
     
203
 
                 
Total deferred tax assets
   
21,852
     
10,880
 
                 
Net deferred tax liability
  $
61,897
    $
54,691
 
 
 
The reconciliation between the effective income tax rate and the statutory Federal income tax rate for the years ended
December 
31,
2018,
2017
and
2016
is presented in the following table:
 
   
201
8
   
201
7
   
201
6
 
   
(in thousands)
 
   
Amount
   
Percent
   
Amount
   
Percent
   
Amount
   
Percent
 
                                                 
Income tax at the statutory federal rate
  $
6,582
     
21.0
    $
4,975
     
34.0
    $
6,042
     
34.0
 
Impact of the Tax Cuts and Jobs Act
(1)
   
-
     
-
     
(29,255
)    
(199.9
)    
-
     
-
 
Nondeductible expenses
   
80
     
0.2
     
72
     
0.5
     
130
     
0.7
 
State income taxes/other—net of federal benefit
   
685
     
2.2
     
(60
)    
(0.5
)    
499
     
2.8
 
                                                 
Total income tax (benefit) expense
  $
7,347
     
23.4
    $
(24,268
)    
(165.9
)   $
6,671
     
37.5
 
                                                  
(
1
) On
December 22, 2017,
the Tax Cuts and Jobs Act (the “Act”) was signed into law. The Act included numerous changes to existing tax law, including a permanent reduction in the federal corporate income tax rate from 
35%
 to 
21%
effective
January 1, 2018
and repeal of the alternative minimum tax (“AMT”) allowing a refund of existing AMT carryovers during the years
2018
through
2021.
As a result, the Company recorded a tax benefit of 
$29.3
million in the
fourth
quarter of
2017
related to the revaluation of its net deferred tax liabilities.
 
The (benefit) provision for income taxes consisted of the following:
 
   
201
8
   
201
7
   
201
6
 
   
(in thousands)
 
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
  $
(48
)   $
(79
)   $
(225
)
State
   
189
     
441
     
238
 
Total current income tax provision
   
141
     
362
     
13
 
Deferred:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
   
6,185
     
(24,622
)    
5,506
 
State
   
1,021
     
(8
)    
1,152
 
Total deferred income tax (benefit) provision
   
7,206
     
(24,630
)    
6,658
 
                         
Total income tax (benefit) expense
  $
7,347
    $
(24,268
)   $
6,671
 
 
At
December 31, 2018,
the Company has alternative minimum tax credits of approximately
$1,214,000
which will either be refunded at the rate of
50%
of the remaining credit each succeeding year, or used to offset regular Federal income tax in those succeeding years. The Company has general business credits of approximately
$988,000
at
December 31, 2018,
which begin to expire after the year
2030.
The Company also has net operating loss carryovers for federal income purposes of approximately
$66,983,000
which begin to expire after the year
2030.
 
In determining whether a tax asset valuation allowance is necessary, management, in accordance with the provisions of ASC
740
-
10
-
30,
weighs all available evidence, both positive and negative to determine whether, based on the weight of that evidence, a valuation allowance is necessary. If negative conditions exist which indicate a valuation allowance might be necessary, consideration is then given to what effect the future reversals of existing taxable temporary differences and the availability of tax strategies might have on future taxable income to determine the amount, if any, of the required valuation allowance. As of
December 31, 2018
and
2017,
management determined that the future reversals of existing taxable temporary differences and available tax strategies would generate sufficient future taxable income to realize its tax assets and therefore a valuation allowance was
not
necessary.
 
The Company recognizes a tax benefit from an uncertain tax position only if it is more likely than
not
that the position will be sustained on examination by taxing authorities, based on the technical merits of the position. As of
December 31, 2018,
an adjustment to the Company’s consolidated financial statements for uncertain tax positions has
not
been required as management believes that the Company’s tax positions taken in income tax returns filed or to be filed are supported by clear and unambiguous income tax laws. The Company recognizes interest and penalties related to uncertain income tax positions, if any, in income tax expense. During
2018
and
2017,
the Company has
not
recognized or accrued any interest or penalties related to uncertain income tax positions.
 
The Company and its subsidiaries are subject to U.S. and Canadian federal income tax laws as well as the income tax laws of multiple state jurisdictions. The major tax jurisdictions in which the Company operates generally provide for a deficiency assessment statute of limitation period of
three
years, and as a result, the Company’s tax years
2015
and forward remain open to examination in those jurisdictions.
 
Prior to
2018,
the Company contracted with a
third
-party qualified intermediary in order to maintain a like-kind exchange tax program. Under the program, dispositions of eligible trucks or trailers and acquisitions of replacement trucks or trailers were made in a form whereby any associated tax gains related to the disposal were deferred. To qualify for like-kind exchange treatment, we exchanged, through our qualified intermediary, eligible trucks or trailers being disposed with trucks or trailers being acquired, which allowed us to generally carryover the tax basis of the trucks or trailers sold. The program was expected to result in a significant deferral of federal and state income taxes. Under the program, the proceeds from the sale of eligible trucks or trailers carried a Company-imposed restriction for the acquisition of replacement trucks or trailers. These proceeds could have been disqualified under the program at any time and at the Company’s sole discretion; however, income tax deferral would
not
have been available for any sale for which the Company disqualified the related proceeds. At
December 
31,
2017,
the Company had
$29,000
of restricted cash held by the
third
-party qualified intermediary. Restricted cash is accounted for in “Accounts receivable-other.”