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Income Taxes
12 Months Ended
Sep. 30, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

12.

Income Taxes

The provision (benefit) for income taxes consists of the following:

 

 

 

Years Ended September 30,

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(in thousands)

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(138

)

 

$

 

State

 

 

297

 

 

 

341

 

 

 

465

 

 

 

$

297

 

 

$

203

 

 

$

465

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

8,404

 

 

 

13,238

 

 

 

(17,308

)

State

 

 

830

 

 

 

2,265

 

 

 

(583

)

 

 

$

9,234

 

 

$

15,503

 

 

$

(17,891

)

Provision (Benefit) for income taxes

 

$

9,531

 

 

$

15,706

 

 

$

(17,426

)

 

Reconciliation between the effective tax rate on income from continuing operations and the statutory tax rate is as follows:

 

 

 

Years Ended September 30,

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(in thousands)

 

Income tax expense at federal statutory rate

 

$

7,769

 

 

$

13,290

 

 

$

3,878

 

Increase (reduction)  in income taxes resulting from:

 

 

 

 

 

 

 

 

 

 

 

 

State taxes, net of federal tax benefit

 

 

968

 

 

 

1,785

 

 

 

660

 

Nondeductible stock compensation expenses

 

 

524

 

 

 

(21

)

 

 

 

Permanent items

 

 

314

 

 

 

261

 

 

 

63

 

Change in valuation allowances

 

 

1,173

 

 

 

(50

)

 

 

(646

)

US Tax Cuts and Jobs Act Impact

 

 

 

 

 

 

 

 

(22,015

)

162(m) Limitation

 

 

14

 

 

 

119

 

 

 

 

Impact of changing rates on deferred tax assets

 

 

(2,313

)

 

 

484

 

 

 

(773

)

Expired tax attributes

 

 

633

 

 

 

111

 

 

 

1,088

 

Other

 

 

449

 

 

 

(273

)

 

 

319

 

Income tax expense (benefit)

 

$

9,531

 

 

$

15,706

 

 

$

(17,426

)

 

 

The Company's deferred tax assets as of September 30, 2020 and 2019 are as follows:

 

 

 

Years Ended September 30,

 

 

 

2020

 

 

2019

 

 

 

(in thousands)

 

Net operating carry forwards

 

$

113,402

 

 

$

106,645

 

Deferred credits

 

 

1,485

 

 

 

1,882

 

Other accrued expenses

 

 

2,842

 

 

 

2,329

 

Prepaids and other

 

 

1,632

 

 

 

2,576

 

State alternative minimum tax

 

 

1

 

 

 

1

 

Other reserves and estimated losses

 

 

641

 

 

 

947

 

Operating lease

 

 

24,263

 

 

 

4,928

 

Subtotal

 

$

144,266

 

 

$

119,308

 

Less: valuation allowance

 

 

(3,063

)

 

 

(1,890

)

Total net deferred tax assets

 

$

141,203

 

 

$

117,418

 

 

 

 

 

 

 

 

 

 

Intangibles

 

 

(1,830

)

 

 

(2,204

)

ROU Lease

 

 

(19,210

)

 

 

 

Property and equipment

 

 

(184,438

)

 

 

(170,517

)

Total deferred tax liabilities

 

$

(205,478

)

 

$

(172,721

)

Net deferred tax liability

 

$

(64,275

)

 

$

(55,303

)

 

The Company has federal and state income tax NOL carryforwards of $512.4 million and $223.9 million, which expire in fiscal years 2027-2038 and 2021-2040, respectively. Approximately, $94.0 million of our federal NOL carryforwards are not subject to expiration. These NOL carryovers, if not utilized prior to fiscal 2022, are only available to offset 80% of taxable income in years in which they are utilized due to tax law changes as a result of the Tax Cuts and Jobs Act. As a result of the CARES Act, the Company is able to offset one hundred percent of taxable income with available net operating losses generated after fiscal 2018, but only if these net operating losses are utilized prior to fiscal 2022.

The Company believes that it is more likely than not that the benefit from certain state NOL carryforwards will not be realized. In recognition of this risk, the Company has provided a valuation allowance of $3.1 million in fiscal year 2020 and $1.9 million in fiscal year 2019 on the deferred tax assets related to these state NOL carryforwards. If or when recognized, the tax benefits related to any reversal of the valuation allowance on deferred tax assets will be recognized as a reduction of income tax expense.

The federal and state NOL carryforwards in the income tax returns filed included unrecognized tax benefits. The deferred tax assets recognized for those NOLs are presented net of these unrecognized tax benefits.

Because of the change of ownership provisions of the Tax Reform Act of 1986, use of a portion of our NOL and tax credit carryforwards may be limited in future periods. Further, a portion of the carryforwards may expire before being applied to reduce future income tax liabilities. The Company determined it had an ownership change in February of 2009.  Based on the study conducted at that time, a portion of the federal NOLs were determined to be limited by IRC Section 382, resulting in the Company writing off a portion of its NOLs at that time. Additionally, the Company’s initial public offering in August of 2018 resulted in a change in ownership under Section 382 of the Internal Revenue Code. Based on the value of the Company’s stock valuation as of the initial public offering date, the Company does not believe any further limitation on the utilization of the Company's current net operating losses would be applicable as of September 30, 2020.

 

 

The following is a tabular reconciliation of the total amounts of unrecognized tax benefits:

 

 

 

Years Ended September 30,

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(in thousands)

 

Unrecognized tax benefits — October 1

 

$

4,688

 

 

$

4,688

 

 

$

7,547

 

Gross decreases — tax positions in prior period

 

 

 

 

 

 

 

 

(2,859

)

Gross increases —  tax positions in prior period

 

 

178

 

 

 

 

 

 

 

Unrecognized tax benefits — September 30

 

$

4,866

 

 

$

4,688

 

 

$

4,688

 

 

The Company’s unrecognized tax benefits of $4.9 million, $4.7 million and $4.7 million as of September 30, 2020, 2019 and 2018, respectively, is included the net deferred tax assets. If recognized, the balance of the uncertain tax benefit would affect the effective tax rate.

We recognize interest accrued related to unrecognized tax benefits and penalties as income tax expense. We have not recorded accrued penalties or interest related to the unrecognized tax benefits noted above as the amounts would result in an adjustment to NOL carry forwards.

We are subject to taxation in the United States and various states.  As of September 30, 2020, the Company is no longer subject to U.S. federal or state examinations by taxing authorities for fiscal years prior to 2000.