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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
The Company’s income tax (benefit) provision consisted of the following components (in thousands):
Year Ended December 31,
202220212020
Current
Federal$— $— $(646)
State— — — 
— — (646)
Deferred
Federal(55,796)— — 
State(8,733)— — 
(64,529)— — 
Total (benefit) provision $(64,529)$— $(646)

A reconciliation of the (benefit) provision for income taxes at the statutory federal tax rate to the Company’s actual income tax (benefit) provision is as follows (in thousands):
Year Ended December 31,
202220212020
Computed at federal statutory rate$37,304 $24,404 $(58,574)
State taxes, net of federal benefit5,843 3,012 (10,898)
Non-deductible expenses83 18 
Stock-based compensation23 (541)643 
Return to provision adjustments 1,015 (221)(945)
Refund of AMT Sequestration— — (646)
Change in statutory tax rate25,499 — — 
Change in state net operating loss carryforwards31,762 — — 
Change in valuation allowance(165,978)(26,733)69,285 
Other— (4)471 
Total (benefit) provision $(64,529)$— $(646)
Deferred income taxes are provided to reflect the future tax consequences of temporary differences between the tax basis of assets and liabilities and their reported amounts in the financial statements. In assessing the realizability of the deferred tax assets, we consider whether it is more likely than not that some or all of the deferred tax assets will not be realized. The ultimate realization of the deferred tax assets is dependent upon the generation of future income in periods in which the deferred tax assets can be utilized. In prior years, we determined that the deferred tax assets did not meet the more likely than not threshold of being utilized and thus recorded a valuation allowance. As of December 31, 2022, we have partially released our valuation allowance on our deferred tax assets by $64.5 million. We anticipate being able to utilize these deferred tax assets based on the generation of future income. A change in the estimate of future income could cause the valuation allowance to be adjusted in subsequent periods. As of December 31, 2021 the Company had a full valuation allowance against its deferred tax asset.

Significant components of the Company’s deferred tax assets and liabilities are as follows (in thousands):
 December 31, 2022December 31, 2021
Deferred tax liabilities
Investments (1)$— $— 
Derivative contracts— — 
Total deferred tax liabilities— — 
Deferred tax assets
Property, plant and equipment89,090 181,037 
Net operating loss carryforwards373,702 440,332 
Tax credits and other carryforwards33,852 33,861 
Asset retirement obligations13,791 14,842 
Investments (1)165 106 
Other1,392 2,363 
Total deferred tax assets511,992 672,541 
Valuation allowance(447,463)(672,541)
Net deferred tax asset$64,529 $— 
____________________
(1) Includes the Company’s deferred tax liability resulting from its investment in the Royalty Trusts.

Internal Revenue Code (“IRC”) Section 382 addresses company ownership changes and specifically limits the utilization of certain deductions and other tax attributes on an annual basis following an ownership change. As a result of the Chapter 11 reorganization and related transactions, the Company experienced an ownership change within the meaning of IRC Section 382 during 2016 that subjected certain of the Company’s tax attributes, including net operating losses ("NOLs"), to an IRC Section 382 limitation. This limitation has not resulted in cash taxes for any period subsequent to the ownership change. Since the 2016 ownership change, the Company has generated additional NOLs and other tax attributes that are not currently subject to an IRC Section 382 limitation. The Company's ability to use NOLs and other tax attributes to reduce taxable income and income taxes could be materially impacted by a future IRC 382 ownership change. Future transactions involving the Company's stock including those outside of the Company's control could cause an IRC 382 ownership change resulting in a limitation on tax attributes currently not limited and a more restrictive limitation on tax attributes currently subject to the previous IRC 382 limitation.

As of December 31, 2022, the Company had approximately $1.6 billion of federal NOL carryforwards, net of NOLs expected to expire unused due to the 2016 IRC Section 382 limitation. Of the $1.6 billion of federal NOL carryforwards, $0.7 billion expire during the years 2025 through 2037, while $0.9 billion do not have an expiration date. In addition, the Company had approximately $1.1 billion of state NOL carryforwards, net of NOLs expected to expire unused due to the 2016 IRC Section 382 limitation. Of the $1.1 billion in state NOL carryforwards, approximately $200 million are derived from states the Company currently does not operate in. Of the remaining state NOL carryforwards, $643 million do not have an expiration date and $247 million expire during the years 2026 through 2037. Additionally, the Company had federal tax credits in excess of $33.5 million which begin expiring in 2029.

The Company did not have any unrecognized tax benefits at December 31, 2022, 2021 or 2020.
The Company’s only taxing jurisdiction is the United States (federal and state). The Company’s tax years 2018 to present remain open for federal examination. Additionally, tax years 2005 through 2017 remain subject to examination for the purpose of determining the amount of federal NOL and other carryforwards. The number of years open for state tax audits varies, depending on the state, but is generally from three to five years.