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Taxes on Income
12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
Taxes on Income

(9) Taxes on Income

Earnings (loss) before taxes on income and details of the provision (benefit) for taxes on income were as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2023

 

 

2022

 

 

2021

 

Earnings (loss) before taxes on income:

 

 

 

 

 

 

 

 

 

United States

 

$

293,011

 

 

$

164,590

 

 

$

(290,181

)

Foreign

 

 

1,114

 

 

 

385

 

 

 

(420

)

 

$

294,125

 

 

$

164,975

 

 

$

(290,601

)

 

 

 

 

 

 

 

 

 

 

Provision (benefit) for taxes on income:

 

 

 

 

 

 

 

 

 

U.S. Federal:

 

 

 

 

 

 

 

 

 

Current

 

$

(41

)

 

$

513

 

 

$

(460

)

Deferred

 

 

61,205

 

 

 

34,980

 

 

 

(48,843

)

 

$

61,164

 

 

$

35,493

 

 

$

(49,303

)

U.S. State:

 

 

 

 

 

 

 

 

 

Current

 

$

5,498

 

 

$

3,793

 

 

$

1,560

 

Deferred

 

 

4,093

 

 

 

2,802

 

 

 

4,424

 

 

$

9,591

 

 

$

6,595

 

 

$

5,984

 

Foreign:

 

 

 

 

 

 

 

 

 

Current

 

$

465

 

 

$

126

 

 

$

(511

)

 

$

465

 

 

$

126

 

 

$

(511

)

Consolidated:

 

 

 

 

 

 

 

 

 

Current

 

$

5,922

 

 

$

4,432

 

 

$

589

 

Deferred

 

 

65,298

 

 

 

37,782

 

 

 

(44,419

)

 

$

71,220

 

 

$

42,214

 

 

$

(43,830

)

On November 13, 2021, the voters of the state of Louisiana approved a constitutional amendment that removed the corporate tax deduction for federal income taxes paid and lowered the corporate income tax rate from 8% to 7.5% effective January 1, 2022. The result of the amendment was an increase in the effective Louisiana state income tax rate, net of deduction for federal income tax, from 6.3% to 7.5%. As a result of the amendment, the Company recognized a one-time deferred tax provision of $5.7 million during the fourth quarter of 2021 due to remeasuring the Company’s Louisiana and U.S. deferred tax assets and liabilities based on the new effective Louisiana state income tax rate.

During 2021, the Company received a tax refund of $119.5 million, including accrued interest, for its 2019 tax return related to net operating losses being carried back to offset taxable income generated between 2014 and 2017.

At December 31, 2022, the Company had a federal income tax receivable of $70.4 million, included in Accounts Receivable – Other on the balance sheet. In April 2023, the Company received its tax refund of $70.4 million plus accrued interest.

The Company’s provision (benefit) for taxes on income varied from the statutory federal income tax rate due to the following:

 

 

 

Year Ended December 31,

 

 

 

2023

 

 

2022

 

 

2021

 

United States income tax statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

State and local taxes, net of federal benefit

 

 

2.6

 

 

 

3.1

 

 

 

(1.7

)

Other – net

 

 

0.6

 

 

 

1.5

 

 

 

(4.2

)

 

 

24.2

%

 

 

25.6

%

 

 

15.1

%

 

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities were as follows (in thousands):

 

 

 

December 31,

 

 

 

2023

 

 

2022

 

Deferred tax assets:

 

 

 

 

 

 

Allowance for doubtful accounts

 

$

1,549

 

 

$

1,556

 

Inventory

 

 

10,500

 

 

 

11,679

 

Insurance accruals

 

 

6,077

 

 

 

4,856

 

Deferred compensation

 

 

11,441

 

 

 

7,703

 

Unrealized gain on defined benefit plans

 

 

(9,982

)

 

 

(5,532

)

Goodwill and other intangibles

 

 

39,719

 

 

 

52,847

 

Operating loss carryforwards

 

 

52,082

 

 

 

79,699

 

Retirement benefits

 

 

3,548

 

 

 

5,472

 

Other

 

 

13,467

 

 

 

9,962

 

 

 

128,401

 

 

 

168,242

 

Valuation allowances

 

 

(22,073

)

 

 

(19,960

)

 

 

106,328

 

 

 

148,282

 

Deferred tax liabilities:

 

 

 

 

 

 

Property

 

 

(695,233

)

 

 

(671,830

)

Deferred state taxes

 

 

(90,457

)

 

 

(87,445

)

Other

 

 

(17,195

)

 

 

(14,891

)

 

 

(802,885

)

 

 

(774,166

)

 

$

(696,557

)

 

$

(625,884

)

 

During 2023, the Company generated federal taxable income which was completely offset by federal net operating loss carryforwards. The Company had federal operating loss deferred tax assets of $19.8 million and $47.9 million at December 31, 2023 and 2022, respectively.

The Company had state operating loss deferred tax assets of $27.2 million and $26.6 million at December 31, 2023 and 2022, respectively. The valuation allowance for state deferred tax assets as of December 31, 2023 and 2022 was $17.0 million and $14.8 million, respectively, related to the Company’s state net operating loss carryforwards based on the Company’s determination that it is more likely than not that the deferred tax assets will not be realized. Expiration of these state net operating loss carryforwards vary by state through 2030 and none will expire in fiscal 2024.

As of December 31, 2023 and 2022, the Company had a Canadian net operating loss carryforward of $5.1 million which expires between 2037 and 2043. A full valuation allowance has been provided for this asset.

The Company or one of its subsidiaries files income tax returns in the United States federal jurisdiction and various state jurisdictions. During the first quarter of 2023, the Internal Revenue Service (“IRS”) communicated to the Company that it had completed its examination of the Company’s federal income tax returns for the years 2013 through 2020. With few exceptions, the Company and its subsidiaries’ state income tax returns are open to audit under the statute of limitations for the 2017 through 2022 tax years.

As of December 31, 2023, the Company has provided a liability of $0.8 million for unrecognized tax benefits related to various income tax issues which includes interest and penalties. The amount that would impact the Company’s effective tax rate, if recognized, is $0.7 million, with the difference between the total amount of unrecognized tax benefits and the amount that would impact the effective tax rate being primarily related to the federal tax benefit of state income tax items. It is not reasonably possible to determine if the liability for unrecognized tax benefits will significantly change prior to December 31, 2024 due to the uncertainty of possible examination results.

A reconciliation of the beginning and ending amount of the liability for unrecognized tax benefits is as follows (in thousands):

 

 

 

Year Ended December 31,

 

 

 

2023

 

 

2022

 

 

2021

 

Balance at beginning of year

 

$

662

 

 

$

737

 

 

$

783

 

Additions based on tax positions related to the current year

 

 

 

 

 

13

 

 

 

13

 

Additions for tax positions of prior years

 

 

 

 

 

66

 

 

 

281

 

Reductions for tax positions of prior years

 

 

(14

)

 

 

(154

)

 

 

(340

)

Balance at end of year

 

$

648

 

 

$

662

 

 

$

737

 

 

The Company accounts for interest and penalties related to uncertain tax positions as part of its provision for federal and state income taxes. The Company had $0.2 million of accrued liabilities for the payment of interest and penalties at both December 31, 2023 and 2022.