XML 104 R20.htm IDEA: XBRL DOCUMENT v2.4.1.9
INCOME TAXES
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES

The Company’s federal and state income tax provision (benefit) from continuing operations is summarized in the following table (in thousands):
 
Year Ended December 31,
 
2014
 
2013
 
2012
Current
 
 
 
 
 
Federal
$
(886
)
 
$
(866
)
 
$
(6,095
)
State
(41
)
 
(1,412
)
 
(990
)
Total current
(927
)
 
(2,278
)
 
(7,085
)
Deferred
 

 
 

 
 

Federal
9,951

 
4,424

 
97

State
2,367

 
377

 
(129
)
Total deferred
12,318

 
4,801

 
(32
)
Total tax provision (benefit)
$
11,391

 
$
2,523

 
$
(7,117
)

The effect of temporary differences that give rise to a significant portion of deferred taxes is as follows (in thousands):
 
December 31,
 
2014
 
2013
Deferred tax assets:
 
 
 
Reserves not currently deductible
$
28,424

 
$
9,785

Net operating loss carryforwards
65,097

 
39,265

Goodwill and intangibles (tax deductible)
8,499

 
7,556

Accrued expenses
38

 

Property basis differences
301

 

Stock based compensation
8,201

 
6,277

Other
610

 
417

Total deferred tax assets
111,170

 
63,300

Deferred tax liabilities:
 

 
 

Property basis differences

 
(496
)
Accrued expenses

 
(679
)
Indefinite-lived goodwill and intangibles
(21,272
)
 
(9,969
)
Less: valuation allowance
(111,170
)
 
(61,110
)
Net deferred tax liability
(21,272
)
 
(8,954
)
Less: Amount included in accrued expenses and other current liabilities
(2,214
)
 
(2,019
)
Deferred taxes
$
(19,058
)
 
$
(6,935
)


During the fourth quarter of 2010, the Company concluded that it was more likely than not that its deferred tax assets would not be realized. The Company continually assesses the necessity of a valuation allowance. Based on this assessment, the Company concluded that a valuation allowance, in the amount of $111.2 million and $61.1 million, was required as of December 31, 2014 and 2013, respectively. If the Company determines in a future period that it is more likely than not that part or all of the deferred tax assets will be realized, the Company will reverse part or all of the valuation allowance.

At December 31, 2014, the Company had federal net operating loss (“NOL”) carryforwards of approximately $174.9 million, of which $21.1 million is subject to an annual limitation, which will begin expiring in 2026 and later.  Of the Company’s $174.9 million federal NOLs, $18.0 million will be recorded in additional paid-in capital when realized as these NOLs are related to the exercise of non-qualified stock options and restricted stock grants.  The Company has post-apportioned state NOL carryforwards of approximately $245.7 million, the majority of which will begin expiring in 2017 and later.

The Company’s reconciliation of the statutory rate to the effective income tax rate from continuing operations is as follows (in thousands):
 
Year Ended December 31,
 
2014
 
2013
 
2012
Tax (benefit) provision at statutory rate
$
(46,197
)
 
$
(18,107
)
 
$
(6,788
)
State tax (benefit) provision, net of federal taxes
(3,704
)
 
(2,459
)
 
(901
)
Valuation allowance changes affecting income tax expense
61,227

 
23,762

 
1,077

Change in tax contingencies
(109
)
 
(1,157
)
 
(633
)
Non-deductible transaction costs

 
317

 

Other
174

 
167

 
128

Tax provision (benefit)
$
11,391

 
$
2,523

 
$
(7,117
)

As of December 31, 2014, the Company had $1.1 million of gross unrecognized tax benefits, of which $0.1 million, if recognized, would favorably affect the effective income tax rate in future periods. A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows (in thousands):
 
Year Ended December 31,
 
2014
 
2013
 
2012
Unrecognized tax benefits balance at January 1,
$
1,172

 
$
2,754

 
$
2,605

Gross increases for tax positions taken in current year

 

 
636

Lapse of statute of limitations
(76
)
 
(1,582
)
 
(487
)
Unrecognized tax benefits balance at December 31,
$
1,096

 
$
1,172

 
$
2,754



The Company’s policy for recording interest and penalties associated with uncertain tax positions is to record such items as a component of income tax expense in the Consolidated Statements of Operations.  As of December 31, 2014 and 2013, the Company had approximately $0.1 million and $0.1 million of accrued interest related to uncertain tax positions, respectively.

The Company files income tax returns, including returns for its subsidiaries, with federal, state and local jurisdictions.  The Company’s uncertain tax positions are related to tax years that remain subject to examination.  As of December 31, 2014, U.S. tax returns for the years 2011 through 2014 remain subject to examination by federal tax authorities.  Tax returns for the years 2010 through 2014 remain subject to examination by state and local tax authorities for a majority of the Company's state and local filings.