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Note 13 - Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
13.
INCOME TAXE
S:
 
The tax provisions are summarized as follows (in thousands):
 
   
Year Ended December 31,
 
   
2018
   
2017
   
2016
 
Current provision −
                       
Federal
  $
31,819
    $
22,443
    $
15,236
 
State
   
6,291
     
4,030
     
2,300
 
     
38,110
     
26,473
     
17,536
 
Deferred provision −
                       
Federal
   
6,082
     
(64,821
)    
8,260
 
State
   
(85
)    
2,618
     
71
 
     
5,997
     
(62,203
)    
8,331
 
Provision (benefit) for income taxes
  $
44,107
    $
(35,730
)   $
25,867
 
 
A reconciliation of taxes based on the federal statutory rates and the provisions (benefits) for income taxes are summarized as follows (in thousands):
 
   
Year Ended December 31,
 
   
2018
   
2017
   
2016
 
Income taxes at the federal statutory rate
  $
38,469
    $
47,749
    $
23,255
 
State income taxes, net of federal benefit
   
4,913
     
3,246
     
1,552
 
Tax effect of permanent differences
   
596
     
(4,097
)    
887
 
Revaluation of deferred taxes
   
     
(82,862
)    
 
Other, net
   
129
     
234
     
173
 
(Benefit) provision for income taxes
  $
44,107
    $
(35,730
)   $
25,867
 
 
The components of income taxes recorded in other comprehensive income and paid in capital consisted of the following (in thousands):
 
   
Year Ended December 31,
 
   
2018
   
2017
   
2016
 
Income tax expense (benefit) related to components of other comprehensive income:
                       
Change in fair value of available-for-sale securities
   
     
183
     
13
 
Total
  $
    $
183
    $
13
 
                         
Paid in capital – stock based compensation
  $
    $
    $
294
 
 
The following summarizes the components of net deferred income tax liabilities included in the balance sheet (in thousands):
 
   
December 31,
 
   
2018
   
2017
 
Deferred income tax (assets) liabilities:
               
Inventory
  $
(4,076
)   $
(3,637
)
Accounts receivable
   
(231
)    
(157
)
Capital lease obligations
   
(16,202
)    
(19,480
)
Stock options
   
(9,026
)    
(6,899
)
Accrued liabilities
   
(2,481
)    
(2,533
)
State net operating loss carry forward
   
(2,463
)    
(2,262
)
State tax credit
   
(312
)    
(410
)
Other
   
(3,276
)    
(3,627
)
Difference between book and tax basis- Depreciation and amortization
   
179,325
     
174,266
 
     
141,258
     
135,261
 
Valuation allowance
   
50
     
50
 
Net deferred income tax liability
  $
141,308
    $
135,311
 
 
On
December 22, 2017,
the Tax Act was enacted. The Tax Act included, among other items, a reduction of the U.S. federal corporate tax rate from
35%
to
21%
effective
January 1, 2018.
The Tax Act made broad and complex changes to the U.S. tax code, some of which affected the Company’s
2017
year end results. Staff Accounting Bulletin
No.
118
(SAB
118
) provided guidance that allowed registrants to provide a reasonable estimate of the Tax Act in their financial statements and adjust the reported impact in a measurement period
not
to exceed
one
year. We applied the guidance in SAB
118
when accounting for the enactment-date effects of the Tax Act in
2017
and throughout
2018.
At
December 31, 2017,
we had
not
completed our accounting for all of the enactment-date income tax effects of the Tax Act under ASC
740,
Income Taxes
, for the remeasurement of deferred tax assets and liabilities. At
December 31, 2018,
we have now completed our accounting for all of the enactment-date income tax effects of the Tax Act. As further discussed below, during
2018,
we did
not
identify any material or significant adjustments to the provisional amounts recorded at
December 31, 2017.
 
At
December 31, 2017,
the Company recognized a net tax benefit of
$82.9
million, which was included as a component of income tax expense. The benefit recorded was primarily a result of the remeasurement of the Company’s deferred tax assets and liabilities at the rate in which they will reverse. Upon further analysis of certain aspects of the Tax Act and refinement of our calculations during the
12 months ended
December 31, 2018,
we adjusted our provisional amount by less than
$100,000
which is included as a component of income tax expense from continuing operations.
 
As of
December 31, 2018,
the Company had approximately
$51.0
million in state net operating loss carry forwards that expire from
2018
to
2038.
The Company has evaluated whether its state net operating losses are realizable and has recorded a valuation allowance of
$50,000
against them. The valuation allowance remained unchanged in
2018.
 
The Company had unrecognized income tax benefits totaling
$2.4
million as a component of accrued liabilities as of
December 31, 2018,
and
$2.6
million at
December 31, 2017,
the total of which, if recognized, would impact the Company’s effective tax rate. An unfavorable settlement would require a charge to income tax expense and a favorable resolution would be recognized as a reduction to income tax expense. The Company recognizes interest accrued related to unrecognized tax benefits in income tax expense. During the years ended
December 31, 2018,
2017
and
2016,
the Company recognized approximately $(
27,450
),
$21,050,
and
$34,800
in interest expense (income).
No
amounts were accrued for penalties. The Company had approximately
$139,000,
$166,000
and
$145,000
for the payment of interest accrued as of
December 31, 2018,
2017
and
2016,
respectively.
 
The Company does
not
anticipate a significant change in the amount of unrecognized tax benefits in the next
12
months. As of
December 31, 2018,
the tax years ended
December 31, 2015
through
2018
remained subject to audit by federal tax authorities and the tax years ended
December 31, 2014
through
2018,
remained subject to audit by state tax authorities.
 
A reconciliation of the change in the unrecognized tax benefits is as follows (in thousands):
 
   
2018
   
2017
   
2016
 
Unrecognized tax benefits at beginning of period
  $
2,555
    $
2,401
    $
2,332
 
Gross increases – tax positions in current year
   
504
     
619
     
429
 
Reductions due to lapse of statute of limitations
   
(670
)    
(465
)    
(360
)
Unrecognized tax benefits at end of period
  $
2,389
    $
2,555
    $
2,401