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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes [Abstract]  
Income Taxes

Note 15 - Income Taxes



The (benefit) provision for income taxes for the periods indicated includes current and deferred components as follows:









 

 

 

 

 



Year Ended December 31,

 

 



2019 

 

2018 

 

 

Current taxes

 

 

 

 

 

Federal

$             (12)

 

$               (3)

 

 

State

42 

 

156 

 

 



30 

 

153 

 

 

Deferred taxes

 

 

 

 

 

Federal

386 

 

5,784 

 

 

State

(210)

 

4,185 

 

 



176 

 

9,969 

 

 

Tax (benefit) expense  related to a (decrease) increase in unrecognized tax benefits

(221)

 

 -

 

 

Interest expense, gross of related tax effects

(100)

 

47 

 

 

Total (benefit) provision

$           (115)

 

$      10,169

 

 







The (provision) benefit for income taxes for the periods indicated differs from the amounts computed by applying the federal statutory rate as follows:









 

 

 



Year Ended December 31,



2019

 

2018

Statutory U.S. federal income tax rate

21.0% 

 

21.0% 

State income taxes, net of federal tax benefit

2.9% 

 

5.0% 

Valuation allowance

(20.1)%

 

(59.7)%

State rate and other changes in deferred taxes

(1.1)%

 

1.0% 

Federal and state credits

0.1% 

 

0.1% 

Uncertain tax positions

1.7% 

 

(0.3)%

Nondeductible expenses and other

(4.3)%

 

(0.5)%

Effective income tax rate

0.2% 

 

(33.4)%



Deferred income taxes result from temporary differences in the financial and tax basis of assets and liabilities.

Components of deferred tax assets (liabilities) consisted of the following:









 

 

 

 

 

 

 

 

 



 

 

December 31, 2019

 

December 31, 2018

Description

 

 

Assets

 

Liabilities

 

Assets

 

Liabilities



 

 

 

 

 

 

 

 

 

Accrued postretirement and pension benefits

 

 

$          1,541

 

$               -

 

$          2,424

 

$                  -

Intangible assets

 

 

 -

 

(13)

 

 -

 

(1,653)

Accrued expenses

 

 

3,370 

 

 -

 

9,210 

 

 -

Deferred state and local incentive revenue

 

 

1,780 

 

 -

 

2,349 

 

 -

Inventory valuation

 

 

2,071 

 

 -

 

2,338 

 

 -

Property, plant and equipment and railcars on operating leases

 

 

 -

 

(6,295)

 

 -

 

(20,975)

Net operating loss and tax credit carryforwards

 

 

34,078 

 

 -

 

28,165 

 

 -

Stock-based compensation expense

 

 

1,152 

 

 -

 

1,168 

 

 -

Right of use asset

 

 

 -

 

(14,193)

 

 -

 

 -

Lease liability

 

 

17,326 

 

 -

 

 -

 

 -

Other

 

 

 -

 

(1,028)

 

1,320 

 

(251)



 

 

61,318 

 

(21,529)

 

46,974 

 

(22,879)

Valuation allowance

 

 

(39,792)

 

 -

 

(24,450)

 

 -

Deferred tax assets (liabilities)

 

 

$        21,526

 

$    (21,529)

 

$        22,524

 

$       (22,879)

Increase (decrease) in valuation allowance

 

 

$        15,342

 

 

 

$        18,187

 

 







A valuation allowance is provided when it is more likely than not that some portion or all of the deferred tax assets will not be realized. Management has concluded that, based on evaluation of the positive and negative evidence, primarily the history of operating losses, we will not more likely than not realize the benefit of the deferred tax assets. The Company has certain pretax state net operating loss carryforwards of $160,489 which will expire between 2020 and 2039, for which a full valuation allowance has been recorded. The Company also has federal net operating loss carryforwards and federal tax credit carryforwards of $100,431 and $2,016, respectively, which will begin to expire in 2030, for which a full valuation allowance also has been recorded.



A reconciliation of the beginning and ending gross amounts of unrecognized tax benefits for the years ended December 31, 2019 and 2018, were as follows:















 

 

 

 

 



2019

 

2018

 

 

Beginning of year balance

$          1,310

 

$          1,383

 

 

Decreases in prior period tax positions

 -

 

(73)

 

 

Decreases related to settlements

(1,310)

 

 -

 

 

End of year balance

$                  -

 

$          1,310

 

 



The total estimated unrecognized tax benefit that, if recognized, would affect the Company’s effective tax rate was $0  as of each of December 31, 2019 and 2018. Due to the nature of the Company’s unrecognized tax benefits, the Company does not expect changes in its unrecognized tax benefit reserve in the next twelve months to have a material impact on its financial statements. The Company’s income tax provision included $0 of expenses (net of federal tax benefits of $0) and $94 of expenses (net of federal tax benefits of $11) related to interest and penalties for the years ended December 31, 2019 and 2018, respectively. The Company records interest and penalties as a component of income tax expense. Such expenses brought the balance of accrued interest and penalties to $0 and $200 at December 31, 2019 and 2018, respectively.

   

The Company and/or its subsidiaries file income tax returns with the U.S. federal government and in various state and foreign jurisdictions.  A summary of tax years that remain subject to examination is as follows:





 

Jurisdiction

Earliest Year Open to Examination

U.S. Federal

2017

States:

 

Pennsylvania

2000

Texas

2018

Illinois

2010

Virginia

2016

Colorado

2010

Indiana

2010

Nebraska

2016

Alabama

2016

Foreign:

 

   China

2016