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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

(6)

Income Taxes

Our income tax benefit was $25.6 million for the year ended December 31, 2020 compared to $500.3 million in 2019 and $30.5 million in 2018. Reconciliation between the statutory federal income tax rate and our effective income tax rate is as follows:

 

Year Ended December 31,

 

 

2020

 

2019

 

 

2018

 

Federal statutory tax rate

21.0

%

 

21.0

%

 

 

21.0

%

State, net of federal benefit

5.2

 

 

3.8

 

 

 

(0.3

)

State rate and law change

4.3

 

 

1.8

 

 

 

0.9

 

Valuation allowances

(26.3

)

 

(3.8

)

 

 

(0.4

)

Non-deductible equity compensation

(0.7

)

 

(0.2

)

 

 

(0.1

)

Goodwill impairment

 

 

 

 

 

(19.4

)

Consolidated effective tax rate

3.5

%

 

22.6

%

 

 

1.7

%

Income tax (benefit) expense attributable to (loss) income before income taxes consists of the following (in thousands):

 

 

 

2020

 

 

 

2019

 

 

 

2018

 

 

 

 

Current

 

 

Deferred

 

 

Total

 

 

Current

 

 

Deferred

 

 

Total

 

 

Current

 

 

Deferred

 

 

Total

 

U.S. federal

 

$

(366

)

 

$

(24,489

)

 

$

(24,855

)

 

$

 

 

$

(434,585

)

 

$

(434,585

)

 

$

 

 

$

(25,322

)

 

$

(25,322

)

U.S. state and local

 

 

(157

)

 

 

(540

)

 

 

(697

)

 

 

6,147

 

 

 

(71,853

)

 

 

(65,706

)

 

 

 

 

 

(5,167

)

 

 

(5,167

)

Total

 

$

(523

)

 

$

(25,029

)

 

$

(25,552

)

 

$

6,147

 

 

$

(506,438

)

 

$

(500,291

)

 

$

 

 

$

(30,489

)

 

$

(30,489

)

Significant components of deferred tax assets and liabilities are as follows:

 

December 31,

 

 

2020

 

  

2019

 

 

(in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss carryforward

$

879,339

 

 

$

581,324

 

Divestiture contract obligation

 

132,352

 

 

 

 

Deferred compensation

 

16,635

 

 

 

16,815

 

Equity compensation

 

5,445

 

 

 

7,188

 

Asset retirement obligation

 

18,923

 

 

 

60,064

 

Interest expense carryover

 

15,757

 

 

 

18,035

 

Lease deferred tax assets

 

16,070

 

 

 

16,450

 

Cumulative mark-to-market loss

 

2,607

 

 

 

 

Other

 

12,082

 

 

 

11,072

 

Valuation allowances:

 

 

 

 

 

 

 

Federal

 

(152,499

)

 

 

(32,530

)

State, net of federal benefit

 

(226,520

)

 

 

(158,296

)

Total deferred tax assets

 

720,191

 

 

 

520,122

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Depreciation and depletion

 

(839,869

)

 

 

(639,581

)

Cumulative mark-to-market gain

 

 

 

 

(25,957

)

Lease deferred tax liabilities

 

(15,058

)

 

 

(14,780

)

Other

 

(531

)

 

        

                         —

 

Total deferred tax liabilities

 

(855,458

)

 

 

(680,318

)

Net deferred tax liability

$

(135,267

)

 

$

(160,196

)

At December 31, 2020, deferred tax liabilities exceeded deferred tax assets by $135.3 million. As of December 31, 2020, we have a state valuation allowance of $226.5 million related to state tax attributes in Louisiana, Oklahoma, Pennsylvania, Texas and

West Virginia. As of December 31, 2020, we have federal valuation allowances of $152.5 million primarily related to our federal net operating loss carryforward (“NOL”), federal basis differences and charitable contribution carryforward. See the table below for activity related to these valuation allowances.

The changes in our deferred tax asset valuation allowances are as follows (in thousands):

 

 

2020

 

 

 

2019

 

 

 

2018

 

Balance at the beginning of the year

$

(190,826

)

 

$

(120,347

)

 

$

(125,134

)

Charged to provision for income taxes:

 

 

 

 

 

 

 

 

 

 

 

State net operating loss carryforwards

 

(56,903

)

 

 

(25,710

)

 

 

(23,926

)

Federal net operating loss carryforwards

 

(113,988

)

 

 

13,780

 

 

 

11,716

 

Non-recoverable deferred tax assets

 

(7,433

)

 

 

(28,208

)

 

 

 

Other state valuation allowances

 

(11,321

)

 

 

(31,214

)

 

 

16,380

 

Other federal valuation allowances

 

244

 

 

 

346

 

 

 

494

 

Other

 

1,208

 

 

 

527

 

 

 

123

 

Balance at the end of the year

$

(379,019

)

 

$

(190,826

)

 

$

(120,347

)

At December 31, 2020, we had federal NOL carryforwards of $3.2 billion. This includes $1.4 billion that expires between 2021 and 2038 and also includes $1.8 billion of NOL carryforwards generated after 2017 that do not expire. We have state NOL carryforwards in Pennsylvania of $935.0 million that expire between 2027 and 2040 and in Louisiana, we have state NOL carryforwards of $1.4 billion that expire between 2034 and 2040. We file consolidated tax returns in the United States federal jurisdiction. We file separate company state income tax returns in Louisiana and Pennsylvania and file consolidated or unitary state income tax returns in Oklahoma, Texas and West Virginia. We are subject to U.S. federal income tax examinations for the years 2017 and after and we are subject to various state tax examinations for years 2016 and after. We have not extended the statute of limitation period in any income tax jurisdiction. Our policy is to recognize interest related to income tax expense in interest expense and penalties in general and administrative expense. We do not have any accrued interest or penalties related to tax amounts as of December 31, 2020. Throughout 2020 and 2019, our unrecognized tax benefits were not material.