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Income Taxes
12 Months Ended
Dec. 31, 2014
Income Taxes  
Income Taxes

10. Income Taxes

        The components of the income tax expense (benefit) are as follows (dollars in thousands):

                                                                                                                                                                                    

 

 

For the Year Ended
December 31,

 

 

 

2014

 

2013

 

2012

 

Current

 

 

 

 

 

 

 

 

 

 

Federal

 

$

—

 

$

—

 

$

—

 

State and local

 

 

(941

)

 

(835

)

 

(535

)

​

​

​  

​  

​

​  

​  

​

​  

​  

​

 

 

 

(941

)

 

(835

)

 

(535

)

​

​

​  

​  

​

​  

​  

​

​  

​  

​

Deferred

 

 

 

 

 

 

 

 

 

 

Federal

 

 

6,081

 

 

8,346

 

 

(78,978

)

State and local

 

 

770

 

 

1,271

 

 

(11,849

)

​

​

​  

​  

​

​  

​  

​

​  

​  

​

 

 

 

6,851

 

 

9,617

 

 

(90,827

)

​

​

​  

​  

​

​  

​  

​

​  

​  

​

Total income tax expense (benefit)

 

$

5,910

 

$

8,782

 

$

(91,362

)

​

​

​  

​  

​

​  

​  

​

​  

​  

​

​

​

​  

​  

​

​  

​  

​

​  

​  

​  

        The income tax expense (benefit) differs from the amounts determined by applying the statutory federal income tax rate of 34% to the income before income taxes for the following reasons (dollars in thousands):

                                                                                                                                                                                    

 

 

For the Year Ended
December 31,

 

 

 

2014

 

2013

 

2012

 

Income tax at federal rate

 

$

4,763

 

$

6,552

 

$

6,331

 

Increase (decrease) resulting from:

 

 

 

 

 

 

 

 

 

 

State income taxes, net of federal income tax benefit

 

 

592

 

 

814

 

 

774

 

Permanent difference for compensation limitation

 

 

595

 

 

575

 

 

271

 

Expense reflected in tax basis

 

 

415

 

 

—

 

 

—

 

Tax credit included in taxable income

 

 

327

 

 

320

 

 

204

 

Other permanent differences

 

 

47

 

 

931

 

 

26

 

Capital goods excise tax credit

 

 

(942

)

 

(836

)

 

(535

)

Other, net

 

 

51

 

 

6

 

 

—

 

Change in valuation allowance

 

 

62

 

 

420

 

 

(98,433

)

​

​

​  

​  

​

​  

​  

​

​  

​  

​

Total income tax expense (benefit)

 

$

5,910

 

$

8,782

 

$

(91,362

)

​

​

​  

​  

​

​  

​  

​

​  

​  

​

​

​

​  

​  

​

​  

​  

​

​  

​  

​  

        During the years ended December 31, 2013 and 2012, the other permanent difference was attributed primarily to the Company recognizing adjustments to certain tax attributes for income tax purposes.

        Deferred income taxes consisted of the following (dollars in thousands):

                                                                                                                                                                                    

 

 

December 31,

 

 

 

2014

 

2013

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Property and equipment

 

$

46,618

 

$

37,319

 

Other basis differences

 

 

577

 

 

582

 

​

​

​  

​  

​

​  

​  

​

 

 

 

47,195

 

 

37,901

 

​

​

​  

​  

​

​  

​  

​

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss and credit carryforwards

 

 

43,497

 

 

25,730

 

Intangible assets

 

 

52,022

 

 

62,626

 

Expenses deferred for tax

 

 

6,138

 

 

7,278

 

Employee benefits

 

 

30,029

 

 

21,654

 

Other basis differences

 

 

4,457

 

 

4,453

 

​

​

​  

​  

​

​  

​  

​

 

 

 

136,143

 

 

121,741

 

Valuation allowance

 

 

(482

)

 

(420

)

​

​

​  

​  

​

​  

​  

​

 

 

 

135,661

 

 

121,321

 

​

​

​  

​  

​

​  

​  

​

Deferred tax asset, net

 

$

88,466

 

$

83,420

 

​

​

​  

​  

​

​  

​  

​

​

​

​  

​  

​

​  

​  

​  

        As of December 31, 2014, net operating losses available for carry forward through 2034 amounted to $105.9 million for federal purposes and $113.1 million for state purposes. Availability of net operating losses in future periods may be subject to additional limitations if there is a deemed change in control for income tax reporting purposes. Such change in control will be determined for income tax reporting purposes based on future changes in stock ownership. In addition to the net operating losses disclosed previously, there was $1.6 million and $0.4 million of excess tax deductions available at December 31, 2014 and 2013, respectively, related to employee stock expense for which a benefit will be recorded to additional paid-in capital when realized.

        Prior to December 31, 2012, the Company maintained a full valuation allowance over its net deferred income tax assets. This situation resulted from the Company having a short history as a new entity (post Chapter 11). As a result of its continued positive earnings, as well as positive forecasted earnings in the future, management concluded that it was more likely than not that the Company would realize its deferred income tax assets, and therefore, the Company released its valuation allowance as of December 31, 2012. For the years ended December 31, 2014 and 2013, the Company recognized a valuation allowance for $0.1 and $0.4 million, respectively, for charitable loss carry forwards subject to deduction limitations. If there is a decline in the level of actual future or forecasted earnings, the conclusion regarding the need for a valuation allowance may change in future periods resulting in the establishment of a valuation allowance for some or all of the deferred income tax assets. The following is a summary of activity for the valuation allowance (dollars in thousands):

                                                                                                                                                                                    

 

 

Beginning
Balance

 

Charge (Credit)
to Income
Tax Expense
or Equity

 

Ending
Balance

 

January 1 to December 31, 2014

 

$

420

 

$

62

 

$

482

 

January 1 to December 31, 2013

 

 

—

 

 

420

 

 

420

 

January 1 to December 31, 2012

 

 

120,336

 

 

(120,336

)

 

—

 

        The Company evaluates its tax positions for liability recognition. As of December 31, 2014, the Company had no unrecognized tax benefit. No interest or penalties related to tax assessments were recognized in the Company's consolidated statements of income for the years ended December 31, 2014, 2013 or 2012. All tax years from 2011 remain open for both federal and Hawaii state purposes.