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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Taxes  
Income Taxes

 

8.     Income Taxes

        The provision for income taxes from continuing operations for the years ended December 31, 2015, 2014 and 2013 consists of the following:

                                                                                                                                                                                    

 

 

2015

 

2014

 

2013

 

 

(in thousands)

Current taxes:

 

 

 

 

 

 

 

 

 

Federal

 

$

142,576 

 

 

161,863 

 

 

131,000 

State

 

 

12,800 

 

 

14,206 

 

 

12,197 

Foreign

 

 

38 

 

 

35 

 

 

37 

​  

​  

​  

​  

​  

​  

 

 

 

155,414 

 

 

176,104 

 

 

143,234 

Deferred taxes

 

 

(1,410)

 

 

728 

 

 

(3,001)

​  

​  

​  

​  

​  

​  

Provision for income taxes

 

$

154,004 

 

 

176,832 

 

 

140,233 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The following table reconciles the statutory federal income tax rate with our effective income tax rate from continuing operations for the years ended December 31, 2015, 2014 and 2013:

                                                                                                                                                                                    

 

 

2015

 

2014

 

2013

Statutory federal income tax rate

 

 

35.0% 

 

 

35.0% 

 

 

35.0% 

State income taxes, net of federal tax benefits

 

 

2.0 

 

 

2.1 

 

 

2.2 

State tax incentives

 

 

(0.1)

 

 

(0.2)

 

 

(0.1)

Valuation allowance on losses capital in nature

 

 

0.9 

 

 

(1.0)

 

 

(1.8)

Other items

 

 

0.7 

 

 

0.2 

 

 

0.4 

​  

​  

​  

​  

​  

​  

Effective income tax rate

 

 

38.5% 

 

 

36.1% 

 

 

35.7% 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The tax effect of temporary differences that give rise to significant portions of deferred tax liabilities and deferred tax assets at December 31, 2015 and 2014 are as follows:

                                                                                                                                                                                    

 

 

2015

 

2014

 

 

(in thousands)

Deferred tax liabilities:

 

 

 

 

 

 

Deferred sales commissions

 

$

(2,337)

 

 

(4,285)

Property and equipment

 

 

(9,775)

 

 

(10,335)

Benefit plans

 

 

(14,058)

 

 

(11,452)

Identifiable intangible assets

 

 

(13,705)

 

 

(12,562)

Prepaid expenses

 

 

(2,231)

 

 

(2,150)

​  

​  

​  

​  

Total gross deferred liabilities

 

 

(42,106)

 

 

(40,784)

​  

​  

​  

​  

Deferred tax assets:

 

 

 

 

 

 

Accrued compensation

 

 

11,015 

 

 

9,098 

Additional pension and postretirement liability

 

 

32,183 

 

 

28,389 

Other accrued expenses

 

 

5,851 

 

 

5,789 

Unrealized losses on investment securities and partnerships

 

 

7,426 

 

 

1,043 

Capital loss carryforwards

 

 

5,919 

 

 

6,849 

Nonvested stock

 

 

20,608 

 

 

20,300 

Unused state tax credits

 

 

1,470 

 

 

992 

State net operating loss carryforwards

 

 

5,666 

 

 

5,718 

Other

 

 

3,463 

 

 

3,572 

​  

​  

​  

​  

Total gross deferred assets

 

 

93,601 

 

 

81,750 

Valuation allowance

 

 

(18,803)

 

 

(13,476)

​  

​  

​  

​  

Net deferred tax asset

 

$

32,692 

 

 

27,490 

​  

​  

​  

​  

​  

​  

​  

​  

        In 2013, a capital loss was realized on the sale of Legend. By law, the portion of this capital loss in excess of capital gains was carried forward to offset potential capital gains recognized in future years. The deferred tax asset, net of federal tax effect, relating to this capital loss carryforward as of December 31, 2015 and 2014 is $5.9 million and $6.8 million, respectively. The capital loss carryforward, if not utilized, will expire in 2018. Other deferred tax assets that could generate potential future capital losses if realized include unrealized losses on investment securities and partnerships of $7.4 million and $1.1 million as of December 31, 2015 and 2014, respectively. Due to the character of the losses and the limited carryforward period permitted by law upon realization, the Company may not realize the full tax benefit of the capital losses. Management believes it is not more likely than not that the Company will generate sufficient future capital gains to realize the full benefit of these capital losses and accordingly, a valuation allowance in the amount of $13.3 million and $7.9 million has been recorded at December 31, 2015 and 2014, respectively.

        Certain subsidiaries of the Company have net operating loss carryforwards in certain states in which these companies file on a separate company basis. The deferred tax asset, net of federal tax effect, relating to these carryforwards as of December 31, 2015 and 2014 is approximately $5.7 million. The carryforwards, if not utilized, will expire between 2016 and 2035. Management believes it is not more likely than not that these subsidiaries will generate sufficient future taxable income in these states to realize the benefit of the net operating loss carryforwards and, accordingly, a valuation allowance in the amount of $5.5 million and $5.6 million has been recorded at December 31, 2015 and 2014, respectively.

        During 2015, the valuation allowance increased $5.3 million. Unrealized losses on equity method investments and the trading securities portfolio increased the valuation allowance and income tax expense by $5.9 million. Depreciation in the fair value of the Company's available for sale securities portfolio increased the valuation allowance and accumulated other comprehensive loss by $1.8 million. These increases were partially offset by capital gain distributions from investments and realized capital gains on the sale of securities in the Company's investment portfolios, which decreased the valuation allowance and income tax expense by $2.4 million.

        The Company has state tax credit carryforwards of $1.5 million and $1.0 million as of December 31, 2015 and 2014, respectively. Of these state tax credit carryforwards, $1.3 million will expire between 2024 and 2031 if not utilized and $0.2 million will expire in 2026 if not utilized. The Company anticipates these credits will be fully utilized prior to their expiration date.

        As of January 1, 2015, the Company had unrecognized tax benefits, including penalties and interest, of $11.6 million ($8.3 million net of federal benefit) that, if recognized, would impact the Company's effective tax rate. As of December 31, 2015, the Company had unrecognized tax benefits, including penalties and interest, of $11.9 million ($8.7 million net of federal benefit) that, if recognized, would impact the Company's effective tax rate. The unrecognized tax benefits that are not expected to be settled within the next 12 months are included in other liabilities in the accompanying consolidated balance sheets; unrecognized tax benefits that are expected to be settled within the next 12 months are included in income taxes payable; and unrecognized tax benefits that reduce a net operating loss, similar tax loss, or tax credit carryforward are presented as a reduction to noncurrent deferred income taxes.

        The Company's accounting policy with respect to interest and penalties related to income tax uncertainties is to classify these amounts as income taxes. As of January 1, 2015, the total amount of accrued interest and penalties related to uncertain tax positions recognized in the consolidated balance sheet was $3.5 million ($2.9 million net of federal benefit). A settlement in 2015 allowed for the reduction of penalties and interest, net of federal benefit, related to tax uncertainties of $ 0.1 million in the consolidated statement of income for the period ended December 31, 2015. The total amount of accrued penalties and interest related to uncertain tax positions at December 31, 2015 of $3.4 million ($2.8 million net of federal benefit) is included in the total unrecognized tax benefits described above.

        The following table summarizes the Company's reconciliation of unrecognized tax benefits, excluding penalties and interest, for the years ended December 31, 2015, 2014 and 2013:

                                                                                                                                                                                    

 

 

2015

 

2014

 

2013

 

 

(in thousands)

Balance at January 1

 

$

8,105 

 

 

9,013 

 

 

8,322 

Increases during the year:

 

 

 

 

 

 

 

 

 

Gross increases—tax positions in prior period

 

 

1,401 

 

 

433 

 

 

644 

Gross increases—current-period tax positions

 

 

700 

 

 

656 

 

 

1,355 

Decreases during the year:

 

 

 

 

 

 

 

 

 

Gross decreases—tax positions in prior period

 

 

(308)

 

 

(192)

 

 

(71)

Decreases due to settlements with taxing authorities

 

 

(486)

 

 

(877)

 

 

(154)

Decreases due to lapse of statute of limitations

 

 

(964)

 

 

(928)

 

 

(1,083)

​  

​  

​  

​  

​  

​  

Balance at December 31

 

$

8,448 

 

 

8,105 

 

 

9,013 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        In the ordinary course of business, many transactions occur for which the ultimate tax outcome is uncertain. In addition, respective tax authorities periodically audit our income tax returns. These audits examine our significant tax filing positions, including the timing and amounts of deductions and the allocation of income among tax jurisdictions. During 2015, the Company settled three open tax years that were undergoing audit by a state jurisdiction in which the Company operates. During 2014, the Company settled six open tax years that were undergoing audit by state jurisdictions in which the Company operates. During 2013, the Company settled four open tax years that were undergoing audit by a state jurisdiction in which the Company operates. The 2012 through 2015 federal income tax returns are open tax years that remain subject to potential future audit. State income tax returns for all years after 2011 and, in certain states, income tax returns for 2011, are subject to potential future audit by tax authorities in the Company's major state tax jurisdictions.