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INCOME TAXES
12 Months Ended
Dec. 31, 2020
INCOME TAXES [Abstract]  
INCOME TAXES
12.
INCOME TAXES

Components of the (benefit) provision for income taxes were as follows:

  
Year Ended December 31,
 
  
2020
  
2019
 
Current:
      
Federal
 
$
-
  
$
-
 
State
  
802
   
115
 
Total
  
802
   
115
 
         
Deferred:
        
Federal
  
(21,743
)
  
120
 
State
  
(14,118
)
  
33
 
Total
  
(35,861
)
  
153
 
         
Total (benefit) provision
 
$
(35,059
)
 
$
268
 

Effective Tax rate
The reconciliation of the effective tax rate to the U.S. Statutory Federal Income tax rate was:

  
Year Ended December 31,
 
  
2020
  
2019
 
Income before taxes
 
$
13,506
     
$
2,283
    
               
Expected tax
 
$
2,836
   
21.0
%
 
$
479
   
21.0
%
State tax benefit (net of federal)
  
(10,513
)
  
-77.8
%
  
148
   
6.5
 
Valuation allowance
  
(27,420
)
  
-203.0
%
  
(428
)
  
(18.8
)
Other
  
38
   
0.2
%
  
69
   
3.0
 
Total
 
$
(35,059
)
  
-259.6
%
 
$
268
   
11.7
%

Our income tax benefit for the year ended December 31, 2020 was $35.1 million compared to an income tax provision of $0.3 million in the prior year.  The 2020 tax benefit primarily relates to a release of the valuation allowance on deferred tax assets.  After weighing all the evidence, management determined that it was more likely than not that the deferred tax assets were realizable and, therefore, the valuation allowance was no longer required. As a result, the Company released the full valuation allowance as of December 31, 2020.

Deferred Taxes and Valuation Allowance

The components of the non-current deferred tax assets/(liabilities) were as follows:

  
At December 31,
 
  
2020
  
2019
 
Gross noncurrent deferred tax assets (liabilities)
      
Allowance for bad debts
 
$
7,659
  
$
5,461
 
Accrued benefits
  
1,208
   
-
 
Stock-based compensation
  
317
   
178
 
Lease liability
  
16,369
   
14,822
 
Right-of-use asset
  
(14,759
)
  
(13,156
)
Depreciation
  
11,298
   
10,981
 
Goodwill
  
(1,091
)
  
(766
)
Other intangibles
  
100
   
135
 
Pension plan liabilities
  
1,137
   
1,286
 
Net operating loss carryforwards
  
13,480
   
18,261
 
Gross noncurrent deferred tax assets, net
  
35,718
   
37,202
 
Less valuation allowance
  
-
   
(37,355
)
Noncurrent deferred tax assets (liabilities), net
 
$
35,718
  
$
(153
)

Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets.

As of December 31, 2019, the Company recorded a valuation allowance of $37.4 million against its net deferred tax assets.

As of December 31, 2020, the Company has net operating loss (“NOL”) carryforwards of $43.1 million.  Of the $43.1 million NOL carryforwards, $29.3 million will start expiring in 2034 and ending in 2037 if unused.

The net operating losses generated in 2018 and beyond can be carried over indefinitely under the Tax Act. Utilization of the NOL carryforwards may be subject to a substantial limitation due to ownership change limitations that may occur in the future, as required by Section 382 of the Internal Revenue Code of 1986, as amended (the “Code”), as well as similar state and foreign provisions.  These ownership changes may limit the amount of NOL and tax credit carryforwards that can be utilized annually to offset future taxable income and tax, respectively.  In general, an “ownership change” as defined by Section 382 of the Code results from a transaction or series of transactions over a three-year period resulting in an ownership change of more than 50 percentage points of the outstanding stock of a company by certain shareholders or public groups.

As of December 31, 2020 and 2019, the Company no longer has any liability for uncertain tax positions.  The Company recognizes accrued interest and penalties related to uncertain tax positions in income tax expense.

The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various states. The Company is no longer subject to U.S. federal income tax examinations for years before 2017 and, generally, is no longer subject to state and local income tax examinations by tax authorities for years before 2017 with few exceptions.