Income Taxes

6 Months Ended

Jun. 30, 2019

We use the asset and liability method of accounting for income taxes. Deferred tax assets and liabilities are recognized for the future tax consequences attributable to temporary differences between the financial statement carrying amount of existing assets and liabilities and their respective tax basis. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. Such amounts are adjusted, as appropriate, to reflect changes in tax rates expected to be in effect when temporary differences reverse. The effect of changes in tax rates on deferred taxes is recognized in the period that the change is enacted. A valuation allowance is recorded to reduce the Company's deferred tax assets to the amount that is more likely than not to be realized. We had no recorded valuation allowance at June 30, 2019 and December 31, 2018. Our effective tax rate was 26.1% and 21.1% for the three months ended June 30, 2019 and 2018, respectively. Our effective tax rate was 24.1% and 13.0% for the six months ended June 30, 2019 and 2018, respectively. The changes in the effective tax rate are driven by less favorable provision to income tax return adjustments and a reduced value of uncertain tax positions reaching the statute of limitations.

We recognize the effect of income tax positions only if those positions are more likely than not of being sustained. Recognized income tax positions are measured at the largest amount that is greater than 50% likely of being realized. Changes in recognition or measurement are reflected in the period in which the change in judgment occurs. We record interest and penalties related to unrecognized tax benefits in income tax expense.

At June 30, 2019 and December 31, 2018, we had a total of $4.9 million and $4.6 million in gross unrecognized tax benefits, respectively included in long-term income taxes payable in the consolidated balance sheet. Of this amount, $3.9 million and $3.6 million represents the amount of unrecognized tax benefits that, if recognized, would impact our effective tax rate as of June 30, 2019 and December 31, 2018. The net increase in unrecognized tax benefits was $0.4 million and a decrease of $0.7 million during the three months ended June 30, 2019 and 2018, respectively. The net increase in unrecognized tax benefits was $0.3 million and a decrease of $1.9 million during the six months ended June 30, 2019 and 2018, respectively. The net increase during the three months ended June 30, 2019 and net decrease during the same period of 2018, respectively, was mainly due to the expiration of certain statutes of limitation net of additions and settlements with respective states in the 2018 period that did not repeat in 2019. These changes had the corresponding increasing or decreasing impact on the effective state tax rate during these same periods. The total net amount of accrued interest and penalties for such unrecognized tax benefits was $0.9 million and $1.0 million at June 30, 2019 and December 31, 2018 and is included in long-term income taxes payable in the consolidated balance sheets. Income tax expense is increased each period for the accrual of interest on outstanding positions and penalties when the uncertain tax position is initially recorded. Income tax expense is reduced in periods by the amount of accrued interest and penalties

associated with reversed uncertain tax positions due to lapse of applicable statute of limitations, when applicable or when a position is settled.

Net interest and penalties included in income tax expense for the three month period ended June 30, 2019 and 2018 was a net benefit of approximately $0.3 million and $0.6 million, respectively. Net interest and penalties included in income tax expense for the six month period ended June 30, 2019 and 2018 was a net benefit of approximately $0.4 million and $1.4 million, respectively. There was a favorable impact to income tax expense during the three and six months ended June 30, 2019 and 2018 due to reversals of interest and penalties due to lapse of applicable statute of limitations and settlements, net of additions for interest and penalty accruals during the same period. These unrecognized tax benefits relate to risks associated with state income tax filing positions for our corporate subsidiaries.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:



	2019
	(in thousands)
Balance at January 1, 2019	$	4,585
Additions based on tax positions related to current year	1,180
Additions for tax positions of prior years	124
Reductions for tax positions of prior years	(60		)
Reductions due to lapse of applicable statute of limitations	(867		)
Settlements	(76		)
Balance at June 30, 2019	$	4,886

A number of years may elapse before an uncertain tax position is audited and ultimately settled. It is difficult to predict the ultimate outcome or the timing of resolution for uncertain tax positions. It is reasonably possible that the amount of unrecognized tax benefits could significantly increase or decrease within the next twelve months. These changes could result from the expiration of the statute of limitations, examinations or other unforeseen circumstances. We do not have any outstanding litigation related to income tax matters. At this time, management’s best estimate of the reasonably possible change in the amount of gross unrecognized tax benefits to be flat or $0.0 million up to an increase of $1.0 million during the next twelve months mainly due to the additions for certain tax positions, net of the expiration of certain statute of limitations. The federal statute of limitations remains open for the years 2016 and forward. Tax years 2009 and forward are subject to audit by state tax authorities depending on the tax code and administrative practice of each state.