Taxes on Income

12 Months Ended

Dec. 31, 2020

Taxes on Income [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,
	2020			2019			2018
Earnings (loss) before taxes on income:
United States	$	(461,569	)	$	190,839		$	117,800
Foreign		218			(1,019	)		(3,641	)
	$	(461,351	)	$	189,820		$	114,159
Provision (benefit) for taxes on income:
U.S. Federal:
Current	$	(218,613	)	$	(312	)	$	—
Deferred		37,436			45,133			27,102
	$	(181,177	)	$	44,821		$	27,102
U.S. State:
Current	$	3,421		$	76		$	(243	)
Deferred		(12,273	)		1,706			7,619
	$	(8,852	)	$	1,782		$	7,376
Foreign:
Current	$	270		$	198		$	443
Deferred		—			—			160
	$	270		$	198		$	603
Consolidated:
Current	$	(214,922	)	$	(38	)	$	200
Deferred		25,163			46,839			34,881
	$	(189,759	)	$	46,801		$	35,081

On March 27, 2020, the United States Congress passed and the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law to address the COVID-19 pandemic.  One provision of the CARES Act allows net operating losses generated in 2018 through 2020 to be carried back up to five years.  Pursuant to this provision of the CARES Act, the Company recorded a net federal current benefit for taxes on income for the year ended December 31, 2020 due to carrying back net operating losses generated between 2018 and 2020 used to offset taxable income generated between 2013 and 2017. Net operating losses carried back to tax years 2013 through 2017 are applied at a federal tax rate of 35% applicable to those tax years, compared to a 21% tax rate effective at December 31, 2020.  Net operating losses generated in 2018 and 2019 were used to offset taxable income generated between 2013 and 2017 taxed at 35% resulting in a tax benefit of $59,659,000 and a decrease in the company’s deferred tax asset related to federal net operating losses of $88,292,000.  During the year ended December 31, 2020, the Company received a tax refund of $30,606,000 for its 2018 tax return related to net operating losses being carried back to offset taxable income generated during 2013. At December 31, 2020, the Company had a federal income tax receivable of $188,177,000 included in Accounts Receivable – Other on the balance sheet. During February 2021, the Company received a tax refund of $119,493,000, including accrued interest, for its 2019 tax return.

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

	Year Ended December 31,
	2020			2019			2018
United States income tax statutory rate		21.0	%		21.0	%		21.0	%
State and local taxes, net of federal benefit		1.2			0.7			6.5
CARES Act – net operating loss carryback		21.3			—			—
Other – net		(2.4	)		3.0			3.2
		41.1	%		24.7	%		30.7	%

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

	December 31,
	2020			2019
Deferred tax assets:
Allowance for doubtful accounts	$	1,793		$	1,758
Inventory		13,496			13,401
Insurance accruals		4,864			4,397
Deferred compensation		6,040			1,109
Unrealized loss on defined benefit plans		15,929			10,253
Goodwill and other intangibles		44,487			—
Operating loss carryforwards		82,186			143,181
Pension benefits		7,444			6,825
Other		5,480			7,392
		181,719			188,316
Valuation allowances		(18,025	)		(20,525	)
		163,694			167,791
Deferred tax liabilities:
Property		(678,916	)		(620,891	)
Deferred state taxes		(74,468	)		(63,640	)
Goodwill and other intangibles		—			(54,844	)
Other		(17,154	)		(16,620	)
		(770,538	)		(755,995	)
	$	(606,844	)	$	(588,204	)

During 2020, the Company generated a federal tax net operating loss mainly caused by taking the full cost deduction of purchased fixed assets. The deferred tax assets of $53,498,000 has been recorded at December 31, 2020.

The Company had state operating loss deferred tax assets of $23,482,000 in 2020 and $17,282,000 in 2019. The valuation allowance for state deferred tax assets as of December 31, 2020 and 2019 was $12,819,000 and $11,760,000, 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 2040 and none will expire in fiscal 2021.

As of December 31, 2020, the Company had a Canadian net operating loss carryforward of $5,206,000 which expires between 2037 and 2040. 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. The Company’s federal income tax returns for the 2017 through 2019 tax years are currently under examination.  With few exceptions, the Company and its subsidiaries’ state income tax returns are open to audit under the statute of limitations for the 2014 through 2019 tax years.

As of December 31, 2020, the Company has provided a liability of $971,000 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 $790,000, 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, 2021 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,
	2020			2019			2018
Balance at beginning of year	$	883		$	1,443		$	1,787
Additions based on tax positions related to the current year		262			51			254
Additions for tax positions of prior years		114			58			70
Reductions for tax positions of prior years		(266	)		(669	)		(668	)
Settlements		(210	)		—			—
Balance at end of year	$	783		$	883		$	1,443

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 recognized net benefit of $90,000, $71,000, and $209,000 in interest and penalties for the years ended December 31, 2020, 2019, and 2018, respectively. The Company had $172,000 and $289,000 of accrued liabilities for the payment of interest and penalties at December 31, 2020 and 2019, respectively.