v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes [Abstract]  
Income Taxes
(11)    Income Taxes
 
Income tax expense consists of the following for the years ended December 31 (amounts in thousands):
 
   
2013
   
2012
   
2011
 
Current income tax expense:
                 
Federal
  $ (9,709 )     (37,323 )     (14,922 )
State
    (2,868 )     (7,211 )     (2,699 )
Foreign
    --       --       --  
      (12,577 )     (44,534 )     (17,621 )
                         
Deferred income tax expense:
                       
Federal
    (23,051 )     (12,956 )     (11,182 )
State
    (3,797 )     (2,302 )     (1,925 )
Foreign
    --       --       --  
      (26,848 )     (15,258 )     (13,107 )
Total income tax expense
  $ (39,425 )     (59,792 )     (30,728 )
 
The Company’s effective tax rate is affected by the apportionment of revenue and income before taxes to the various jurisdictions in which it operates and by changing tax laws and regulations in those jurisdictions.
 
Reconciliation of income taxes on income before income taxes computed at the federal statutory rate of 35% for the years ended December 31 to income taxes as recorded is as follows (amounts in thousands):
 
   
2013
   
2012
   
2011
 
Tax at the federal statutory rate
  $ (35,523 )     (53,530 )     (27,056 )
State income taxes, net of federal benefit, including adjustments based on filed state income tax returns
    (3,686 )     (5,812 )     (2,926 )
Nontaxable (nondeductible) items
    (940 )     2       (624 )
Adjustment to filed returns
    (18 )     (45 )     1  
Foreign income tax at different rate than U.S.
    (32 )     --       --  
Change in valuation allowance
    (42 )     --       --  
Non-taxable earnings of non-controlling interests
    95       --       --  
Tax credits
    254       174       (1 )
Changes in estimated state tax rates
    660       (667 )     --  
Other
    (193 )     86       (122 )
Net income tax expense
  $ (39,425 )     (59,792 )     (30,728 )
 
For state income tax purposes, at December 31, 2013, the Company has net operating loss carryforwards of approximately $6.8 million, expiring at various dates through 2032. In addition, as of December 31, 2013, the Company has approximately $67.7 million of net operating loss carryforwards for state income tax purposes and approximately $9.6 million of net operating loss carryforwards for federal income tax purposes relating to pre-acquisition periods of certain subsidiaries. Utilization of all of subsidiaries’ pre-acquisition net operating loss carryforwards, which expire at various dates through 2028 for state income tax purposes, is subject to an annual limitation under the provisions of Section 382 of the Internal Revenue Code. Based on the Company’s current projections of taxable income, the pre-acquisition net operating loss carryforwards for federal income tax purposes, as limited by Section 382, are expected to be utilized within the next year.
  
For the years ended December 31, 2013, 2012, and 2011, the Company recognized excess tax benefits related to stock option plans in the amount of $3,015,000, $3,447,000, and $1,324,000, respectively. Such benefits were recorded as a reduction of income taxes payable and an increase in additional paid-in capital.
 
The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities at December 31 are as follows (amounts in thousands):
 
   
2013
   
2012
 
Deferred tax assets:
           
Net operating loss carryforwards
  $ 6,517       13,257  
Accruals and other, principally due to differences in employee compensation and benefits
    9,429       11,262  
Other liabilities, principally due to differences in revenue recognition
    10,193       9,064  
Total deferred tax assets, gross
    26,139       33,583  
Valuation allowances
    (42 )     0  
Total deferred tax assets, net
    26,097       33,583  
                 
Deferred tax liabilities:
               
Equipment and leasehold improvements, principally due to differences in bases and depreciation methods
    (79,974 )     (60,488 )
Intangible assets, principally due to differences in bases and amortization methods
    (22,939 )     (24,928 )
Allowance for uncollectible accounts
    (18,429 )     (17,769 )
Goodwill
    (3,577 )     (2,547 )
Other
    (1,057 )     (1,332 )
Total deferred tax liabilities
    (125,976 )     (107,064 )
Net deferred tax liability
  $ (99,879 )     (73,481 )
 
The Company assesses the likelihood by jurisdiction that its net deferred tax assets will be recovered.  Based on the weight of all available evidence, both positive and negative, the Company records a valuation allowance against deferred tax assets when it is more-likely-than-not that a future benefit will not be realized. At December 31, 2013, the deferred tax valuation allowance was $42,000 and related to tax losses in foreign jurisdictions.
 
At December 31, 2013, the Company had no gross unrecognized tax benefits. It is the Company’s practice to recognize interest and penalties related to income tax matters in income tax expense. The Company does not believe that it is reasonably possible that its estimates of unrecognized tax benefits will change significantly in the next twelve months.
 
At December 31, 2013, the Company had recorded a liability of $1.6 million for uncertain tax positions, including estimated penalties and interest, related to acquisitions. Since the Company has been fully indemnified against the tax liability, including penalties and interest, a corresponding asset of $1.6 million has also been recorded as of December 31, 2013.
 
The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state jurisdictions and are open to federal and state tax audits until the applicable statutes of limitations expire. The Company is no longer subject to U.S. federal tax examinations by tax authorities for tax years before 2010. The Company is currently not under examination by any federal or state taxing authority.