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INCOME TAXES (Tables)
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Schedule of components of the income tax provision (benefit)
The components of the income tax expense (benefit) are as follows (in thousands):
 
Year Ended December 31,
 
2019
 
2018
 
2017
Current income tax expense (benefit):
 
 
 
 
 
Federal
$
201

 
$
(1,470
)
 
$
10,055

State
(125
)
 
(204
)
 
2,606

Current income tax expense (benefit)
76

 
(1,674
)
 
12,661

Deferred income tax (benefit) provision:
 
 
 
 
 
Federal
(10,857
)
 
(44,950
)
 
(3,805
)
State
2,302

 
(18,951
)
 
(2,565
)
Deferred income tax benefit
(8,555
)
 
(63,901
)
 
(6,370
)
Income tax (benefit) expense
$
(8,479
)
 
$
(65,575
)
 
$
6,291

Schedule of reconciliation of total income tax provision to amounts computed by applying statutory federal income tax rate to income (loss) from continuing operations before income taxes
A reconciliation of the income tax expense (benefit) to the amounts computed by applying the statutory federal income tax rate to income from continuing operations before income taxes is shown as follows (in thousands):
 
Year Ended December 31,
 
2019
 
2018
 
2017
Federal statutory income tax
$
6,506

 
$
9,186

 
$
8,998

State income taxes, net
(1,832
)
 
(14,884
)
 
(268
)
Excess tax deductions on non-cash compensation
(13,971
)
 
(59,601
)
 
(11,134
)
Research and experimentation tax credit
(5,794
)
 
(2,523
)
 
(1,318
)
Impact of certain state legislation, net
3,932

 

 

Nondeductible executive compensation
988

 
163

 
21

Change in (release of) valuation allowance
954

 
(12
)
 
593

Uncertain tax positions
922

 
289

 
170

Nondeductible meals & entertainment
428

 
310

 
90

Impact of Tax Cuts and Jobs Act

 
270

 
9,062

Other, net
(612
)
 
1,227

 
77

Income tax (benefit) expense
$
(8,479
)
 
$
(65,575
)
 
$
6,291


Schedule of components of the deferred tax assets and deferred tax liabilities
The tax effects of cumulative temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities are as follows (in thousands):
 
December 31,
 
2019
 
2018
Deferred tax assets:
 
 
 
Provision for accrued expenses
$
12,234

 
$
5,953

Leasing (a)
7,299

 

Net operating loss carryforwards (b)
56,450

 
59,817

Non-cash compensation expense
15,805

 
12,505

Interest limitation
987

 
3,532

Contingent liabilities
9,366

 
3,053

Tax credits
6,124

 
1,569

Other
1,624

 
2,976

Total gross deferred tax assets
109,889

 
89,405

Less: valuation allowance (c)
(4,102
)
 
(2,229
)
Total deferred tax assets, net of the valuation allowance
105,787

 
87,176

Deferred tax liabilities:
 
 
 
Intangible and other assets
(1,744
)
 
(4,623
)
Leasing (a)
(6,596
)
 

Other
(1,835
)
 
(892
)
Total gross deferred tax liabilities
(10,175
)
 
(5,515
)
Net deferred taxes
$
95,612

 
$
81,661


(a)
As of December 31, 2019, the adoption of ASC Topic 842 has no material impact to the effective tax rate. Related deferred tax positions are individually disclosed as components of deferred tax as of December 31, 2019.
(b)
At December 31, 2019, the Company had pre-tax consolidated federal net operating losses ("NOLs") of $188.2 million. The federal NOLs no longer expire under the new TCJA. The Company's NOLs will be available to offset taxable income subject to the Internal Revenue Code Section 382 annual limitation. In addition, the Company has state NOLs of approximately $484.7 million at December 31, 2019 that will expire at various times between 2021 and 2039.
(c)
The valuation allowance is related to items for which it is "more likely than not" that the tax benefit will not be realized.
Deferred income taxes are presented in the accompanying consolidated balance sheets as follows (in thousands):
 
December 31,
 
2019
 
2018
Deferred income tax assets
$
87,664

 
$
79,289

Non-current assets of discontinued operations
7,948

 
3,266

Deferred income tax liabilities

 
(894
)
Net deferred taxes
$
95,612

 
$
81,661


Schedule of the deferred tax valuation allowance reconciliation
A reconciliation of the beginning and ending balances of the deferred tax valuation allowance is as follows (in thousands):
 
Year Ended December 31,
 
2019
 
2018
 
2017
Balance, beginning of the period
$
2,229

 
$
2,694

 
$
2,101

Charges to earnings
1,873

 
(465
)
 
593

Balance, end of the period
$
4,102

 
$
2,229

 
$
2,694


Schedule of reconciliation of beginning and ending amounts of unrecognized tax benefits, excluding interest and penalties
A reconciliation of the beginning and ending amounts of unrecognized tax benefits, excluding interest and penalties, is as follows (in thousands):
 
Year Ended December 31,
 
2019
 
2018
Balance, beginning of the period
$
1,127

 
$
748

Additions based on tax positions of the current period
525

 
249

Additions based on tax positions of the prior period
344

 
130

Balance, end of the period
$
1,996

 
$
1,127