10. INCOME TAXES

12 Months Ended

Dec. 31, 2015

Income Tax Disclosure [Abstract]

INCOME TAXES

For the years ended December 31, 2015, 2014 and 2013, we recognized income tax expense comprised of the following (in thousands):

	December 31,
	2015		2014			2013
Federal current tax	$	237	$	–		$	–
State current tax		1,705		1,283			643
Other current tax		28		29			(39	)
Federal deferred tax		3,625		869			3,794
State deferred tax		412		(214	)		(888	)
Income tax expense	$	6,007	$	1,967		$	3,510

A reconciliation of the statutory U.S. federal rate and effective rates is as follows (in thousands):

	Years Ended December 31,
	2015		2014		2013
Federal tax		34.00%		34.00%		34.00%
State franchise tax, net of federal benefit		8.50%		-3.64%		-14.20%
Other Non deductible expenses		-0.01%		0.00%		0.07%
Meals and entertainment		1.75%		4.85%		1.98%
Noncontrolling Interest in Partnerships		-2.16%		-2.88%		-1.48%
Equity compensation		-1.74%		-8.72%		35.39%
Changes in valuation allowance		-17.32%		24.52%		-17.88%
Return-to-provision		3.29%		-9.57%		-1.96%
Deferred true-ups and other		13.41%		16.34%		0.00%
Uncertain tax positions		0.01%		-3.67%		-2.92%
Expiring net operating losses		1.28%		2.61%		26.64%
Income tax expense		41.01%		53.85%		59.64%

Deferred income taxes reflect the net tax effects of temporary differences between carrying amounts of assets and liabilities for financial and income tax reporting purposes and operating loss carryforwards.

Our deferred tax assets and liabilities comprise the following (in thousands):

	December 31,
	2015			2014
Deferred tax assets:
Net operating losses	$	78,912		$	87,709
Accrued expenses		4,125			3,594
Straight-Line Rent Adjustment		11,263			8,897
Unfavorable contract liability		2,142			2,811
Equity compensation		846			253
Allowance for doubtful accounts		4,341			2,124
Other		1,092			1,891
Valuation Allowance		(3,841	)		(6,378	)
Total Deferred Tax Assets	$	98,880		$	100,901
Deferred tax liabilities:
Property Plant & Equipment		(8,582	)		(7,755	)
Goodwill		(18,617	)		(17,833	)
Intangibles		(12,088	)		(12,105	)
NAEM Reserve		(7,882	)		(6,441	)
Other		(4,747	)		(4,189	)
Total Deferred Tax Liabilities	$	(51,916	)	$	(48,323	)
Net Deferred Tax Asset	$	46,964		$	52,578

As of December 31, 2015, the Company had federal net operating loss carryforwards of approximately $233.9 million, which expire at various intervals from the years 2017 to 2035.  The Company also had state net operating loss carryforwards of approximately $123.3 million, which expire at various intervals from the years 2016 through 2035. As of December 31, 2015, $40.6 million of our federal net operating loss carryforwards acquired in connection with business combinations are subject to limitations related to their utilization under Section 382 of the Internal Revenue Code. Future ownership changes as determined under Section 382 of the Internal Revenue Code could further limit the utilization of net operating loss carryforwards.  Cumulative excess tax benefits of $7.1 million, related to the exercise of stock options, will be recorded in equity when realized.

We considered all evidence available when determining whether deferred tax assets are more likely-than-not to be realized, including projected future taxable income, scheduled reversals of deferred tax liabilities, prudent tax planning strategies, and recent financial operations. The evaluation of this evidence requires significant judgment about the forecasts of future taxable income, based on the plans and estimates we are using to manage the underlying businesses.  In evaluating the objective evidence that historical results provide, we consider three years of cumulative operating income.  As of December 31, 2015, we have determined that deferred tax assets of $98.9 million are more likely-than-not to be realized.

For the next five years, and thereafter, federal net operating loss carryforwards expire as follows (in thousands):

Year Ended	Total Net Operating Loss Carryforwards		Amount Subject to 382 limitation
2017		3,356		–
2018		12,284		–
2019		7,178		–
2020		–		–
Thereafter		211,094		40,610
	$	233,912	$	40,610

For the next five years, and thereafter, California net operating loss carryforwards expire as follows (in thousands):

Year Ended	Total Net Operating Loss Carryforwards
2016		3,683
2017		9,292
2018		–
2019		–
2020		–
Thereafter		18,247
	$	31,222

We file consolidated income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. With limited exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2011. We do not anticipate the results of any open examinations would result in a material change to its financial position.

A reconciliation of the total gross amounts of unrecognized tax benefits for the years ended December 31, 2015, 2014 and 2013 is as follows (in thousands):

	December 31,
	2015			2014			2013
Balance at beginning of year	$	3,761		$	3,970		$	4,184
Decreases related to prior year tax positions		(3,667	)		–			(214	)
Expiration of the statute of limitations for the assessment of taxes		–			(209	)		–
Balance at end of year	$	94		$	3,761		$	3,970

We recognize accrued interest and penalties related to unrecognized tax benefits in income tax expense. During the year ended December 31, 2015 we accrued an insignificant amount of interest expense. As of December 31, 2015, accrued interest and penalties were insignificant.