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INCOME TAXES
6 Months Ended
Jun. 30, 2023
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
 Three Months Ended
June 30,
Six Months Ended
June 30,
 2023202220232022
(in thousands, except percentages)
Income tax (expense) benefit$(227)$2,339 $(622)$1,957 
Effective tax rate202.7 %22.5 %4.5 %9.4 %
For the second quarter and first six months of 2023, the effective tax rate varied from the federal statutory rate of 21% primarily due to the change in the valuation allowance, net of the current period change in tax effected net indefinite-lived intangibles. For the second quarter and first six months of 2022, the effective tax rate varied from the federal statutory rate of 21% primarily due to excess tax expense of $0.4 million and $2.9 million, resulting from vesting of restricted stock in accordance with ASU 2016-09 and the effect of state taxes.
The Company has a valuation allowance against the net deferred tax assets, with the exception of the deferred tax liabilities that result from indefinite-life intangibles. The Company has determined that using the general methodology for calculating income taxes during an interim period for the quarter ending June 30, 2023 provided for a wide range of potential annual effective rates. Therefore, the Company has calculated the tax provision on a discrete basis under ASC 740-270-30- 36(b) for the quarter ending June 30, 2023. At September 30, 2022, the Company recorded a net deferred tax asset of zero as the cumulative net deferred tax asset had a full valuation on it and there was not enough positive evidence that would warrant recognizing the benefit of the net deferred tax asset. In addition, the net indefinite lived deferred tax items were determined to be a net liability resulting in the recognition of a deferred tax liability.
 Three Months Ended
June 30,
Six Months Ended
June 30,
 2023202220232022
(in thousands)
Income tax benefit - excluding excess tax expense on stock compensation$(227)$2,777 $(622)$4,863 
Excess tax expense on stock compensation— (438)— (2,906)
Income tax (expense) benefit$(227)$2,339 $(622)$1,957