Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.1.9
Income Taxes
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
Total income tax expense of $10.0 million, $11.0 million and $12.1 million for the years ended December 31, 2014, 2013 and 2012, respectively, was allocated to income in each year. Income tax expense consists of the following (amounts in thousands):
 
Years Ended December 31,
 
2014
 
2013
 
2012
Deferred tax expense:
 
 
 
 
 
Federal taxes
$
9,081

 
9,267

 
10,318

State taxes
948

 
1,690

 
1,770

 
$
10,029

 
10,957

 
12,088



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,
 
2014
 
2013
 
2012
“Expected” statutory tax expense
$
24,246

 
14,939

 
7,437

Impact of non-controlling interest attributable to non-tax paying entity
(18,255
)
 
(7,977
)
 

State income taxes, net of federal expense
948

 
1,690

 
1,770

Income tax effect of nondeductible entertainment expenses
1,125

 
1,045

 
777

Income tax effect of nondeductible lobbying expenses
425

 
369

 
298

Income tax effect of nondeductible officer compensation
1,351

 
824

 
1,718

Other, net
189

 
67

 
88

 
$
10,029

 
10,957

 
12,088



The tax effects of temporary differences that give rise to significant portions of deferred tax assets and liabilities at December 31, 2014 and 2013 are summarized below (amounts in thousands):
 
2014
 
2013
Current deferred tax assets, net of current deferred tax liability:
 
 
 
Net operating loss carryforwards
$
44,250

 
30,344

Compensated absences, accrued for financial reporting purposes
3,117

 
2,956

Workers compensation and self-insurance health reserves, principally due to accrual for financial reporting purposes
2,043

 
1,688

Accounts receivable, principally due to allowance for doubtful receivables
2,585

 
1,154

Deferred revenue for financial reporting purposes
2,525

 
2,673

Other
1,600

 
938

Total current deferred tax assets
$
56,120

 
39,753

Long-term deferred tax assets:
 
 
 
Net operating loss carryforwards
$
87,688

 
90,589

Deferred revenue for financial reporting purposes
33,552

 
35,506

Alternative minimum tax credits
1,735

 
1,895

Deferred compensation expense for tax purposes in excess of amounts recognized for financial reporting purposes
1,374

 
2,556

Asset retirement obligations in excess of amounts recognized for tax purposes
6,660

 
4,930

Share-based compensation expense for financial reporting purposes in excess of amounts recognized for tax purposes
1,458

 
1,860

Other
4,266

 
4,335

Total long-term deferred tax assets
136,733

 
141,671

Long-term deferred tax liabilities:
 
 
 
Plant and equipment, principally due to differences in depreciation
231,109

 
212,719

Intangible assets
48,768

 
49,761

Flow-through entity deferred tax items
44,728

 
40,667

Total long-term deferred tax liabilities
324,605

 
303,147

Net long-term deferred tax liabilities
$
187,872

 
161,476



At December 31, 2014, we have tax net operating loss carryforwards of $320.3 million that will begin expiring in 2020 if not utilized, and alternative minimum tax credit carryforwards of $1.7 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
$
34,958

 
34,301

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

2034
30,797

 
29,946

Total tax net operating loss carryforwards
$
320,250

 
312,501



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 2010 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, 2014, 2013 and 2012, and accordingly, we did not recognize any interest expense.  Additionally, we recorded no penalties during the years ended December 31, 2014, 2013 and 2012.

We did not record any excess tax benefit generated from stock options exercised during the years ended December 31, 2014, 2013 and 2012, 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 $3.5 million at December 31, 2014.