Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
Total income tax expense of $11.0 million, $12.1 million and $7.4 million for the years ended December 31, 2013, 2012 and 2011, respectively, was allocated to income in each year. Income tax expense consists of the following (amounts in thousands):

 
Years Ended December 31,
 
2013
 
2012
 
2011
Deferred tax expense:
 
 
 
 
 
Federal taxes
$
9,267

 
10,318

 
6,264

State taxes
1,690

 
1,770

 
1,141

 
$
10,957

 
12,088

 
7,405



Total income tax expense differed from the “expected” income tax expense determined by applying the statutory federal income tax rate of 35% as follows (amounts in thousands):

 
Years Ended December 31,
 
2013
 
2012
 
2011
“Expected” statutory tax expense
$
14,939

 
7,437

 
4,500

Impact of non-controlling interest attributable to non-tax paying entity
(7,977
)
 

 

State income taxes, net of federal expense
1,690

 
1,770

 
1,141

Income tax effect of nondeductible entertainment expenses
1,045

 
777

 
737

Income tax effect of nondeductible lobbying expenses
369

 
298

 
327

Income tax effect of nondeductible officer compensation
824

 
1,718

 
758

Other, net
67

 
88

 
(58
)
 
$
10,957

 
12,088

 
7,405



The tax effects of temporary differences that give rise to significant portions of deferred tax assets and liabilities at December 31, 2013 and 2012 are summarized below (amounts in thousands):

 
2013
 
2012
Current deferred tax assets, net of current deferred tax liability:
 
 
 
Net operating loss carryforwards
$
30,344

 
3,952

Compensated absences, accrued for financial reporting purposes
2,956

 
2,605

Workers compensation and self-insurance health reserves, principally due to accrual for financial reporting purposes
1,688

 
1,357

Accounts receivable, principally due to allowance for doubtful receivables
1,154

 
1,319

Deferred compensation expense for tax purposes in excess of amounts recognized for financial reporting purposes
104

 
32

Deferred revenue for financial reporting purposes
2,673

 
2,734

Other
834

 
898

Total current deferred tax assets
$
39,753

 
12,897

Long-term deferred tax assets:
 
 
 
Net operating loss carryforwards
$
90,589

 
116,034

Deferred revenue for financial reporting purposes
35,506

 
36,316

Alternative minimum tax credits
1,895

 
1,895

Deferred compensation expense for tax purposes in excess of amounts recognized for financial reporting purposes
2,556

 
2,543

Asset retirement obligations in excess of amounts recognized for tax purposes
4,930

 
6,680

Share-based compensation expense for financial reporting purposes in excess of amounts recognized for tax purposes
1,860

 
1,675

Other
4,335

 
3,353

Total long-term deferred tax assets
141,671

 
168,496

Long-term deferred tax liabilities:
 
 
 
Plant and equipment, principally due to differences in depreciation
212,719

 
233,530

Intangible assets
49,761

 
58,627

Flow-through entity deferred tax items
40,667

 

Total long-term deferred tax liabilities
303,147

 
292,157

Net long-term deferred tax liabilities
$
161,476

 
123,661



At December 31, 2013, we have tax net operating loss carryforwards of $294.5 million that will begin expiring in 2020 if not utilized, and alternative minimum tax credit carryforwards of $1.9 million available to offset regular income taxes payable in future years.  Our utilization of remaining acquired net operating loss carryforwards is subject to annual limitations pursuant to Internal Revenue Code section 382 which could reduce or defer the utilization of these losses.

Our tax net operating loss carryforwards are summarized below by year of expiration (amounts in thousands):

Years ending December 31,
Federal
 
State
2020
$
39,969

 
38,954

2021
29,614

 
28,987

2022
14,081

 
13,788

2023
3,968

 
3,903

2024
722

 

2025
737

 

2026
150

 

2027
1,010

 

2028
39,879

 
39,715

2029
48,370

 
47,558

2031
110,933

 
109,376

2033
5,031

 
4,927

Total tax net operating loss carryforwards
$
294,464

 
287,208



Tax benefits associated with recorded deferred tax assets are considered to be more likely than not realizable through taxable income earned in carryback years, future reversals of existing taxable temporary differences, and future taxable income exclusive of reversing temporary differences and carryforwards. The amount of deferred tax assets considered realizable, however, could be reduced if estimates of future taxable income during the carryforward period are reduced.

We file federal income tax returns in the U.S. and in various state jurisdictions. We are not subject to U.S. or state tax examinations by tax authorities for years 2009 and earlier except that  certain U.S. federal income tax returns for years after 1998 are not closed by relevant statutes of limitations due to unused net operating losses reported on those income tax returns.

We recognize accrued interest on unrecognized tax benefits in interest expense and penalties in selling, general and administrative expenses.  We did not have any unrecognized tax benefits as of December 31, 2013, 2012 and 2011, and accordingly, we did not recognize any interest expense.  Additionally, we recorded no penalties during the years ended December 31, 2013, 2012 and 2011.

We did not record any excess tax benefit generated from stock options exercised during the years ended December 31, 2013, 2012 and 2011, since we are in a net operating loss carryforward position and the income tax deduction will not yet reduce income taxes payable.  The cumulative excess tax benefits generated for stock options exercised that have not been recognized is $3.4 million at December 31, 2013.