XML 34 R17.htm IDEA: XBRL DOCUMENT v3.3.1.900
Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
Income tax provision (benefit) applicable to continuing operations consists of the following:
 
Year ended December 31,
(in thousands)
2015
 
2014
 
2013
Current:
 
 
 
 
 
   Federal
$
(3,237
)
 
$
32,600

 
$
11,812

   State and local
(762
)
 
5,677

 
225

   Foreign
1,224

 
1,409

 
1,400

 
$
(2,775
)
 
$
39,686

 
$
13,437

 
 
 
 
 
 
Deferred:
 
 
 
 
 
   Federal
$
1,756

 
$
19,741

 
$
35,147

   State and local
519

 
1,830

 
4,321

   Foreign
258

 
244

 
906

 
$
2,533

 
$
21,815

 
$
40,374

 
 
 
 
 
 
Total:
 
 
 
 
 
   Federal
$
(1,481
)
 
$
52,341

 
$
46,959

   State and local
(243
)
 
7,507

 
4,546

   Foreign
1,482

 
1,653

 
2,306

 
$
(242
)
 
$
61,501

 
$
53,811





Income (loss) before income taxes from continuing operations consists of the following:
 
Year ended December 31,
(in thousands)
2015
 
2014
 
2013
   U.S.
$
(18,867
)
 
$
174,262

 
$
141,673

   Foreign
7,303

 
9,884

 
7,840

 
$
(11,564
)
 
$
184,146

 
$
149,513


A reconciliation from the statutory U.S. federal tax rate to the effective tax rate follows:
 
Year ended December 31,
 
2015
 
2014
 
2013
Statutory U.S. federal tax rate
35.0
 %
 
35.0
 %
 
35.0
 %
Increase (decrease) in rate resulting from:
 
 
 
 
 
  Effect of qualified domestic production deduction

 
(1.4
)
 
(0.4
)
  Effect of Patient Protection and Affordable Care Act

 

 
0.9

  Effect of noncontrolling interest
5.3

 
(2.5
)
 
(1.3
)
  State and local income taxes, net of related federal taxes
1.4

 
2.7

 
2.0

  Income taxes on foreign earnings
9.4

 
(0.4
)
 
0.1

  Change in pre-acquisition tax liability and other costs
3.5

 

 
0.4

  Tax associated with accrued and unpaid dividends
(13.6
)
 

 

  Goodwill impairment
(35.6
)
 

 

  Nondeductible compensation
(5.0
)
 
0.2

 
0.1

  Other, net
1.7

 
(0.2
)
 
(0.8
)
Effective tax rate
2.1
 %
 
33.4
 %
 
36.0
 %


Income taxes paid, net of refunds received, in 2015, 2014 and 2013 were $4.9 million, $36.8 million and $5.3 million, respectively.

Significant components of the Company's deferred tax liabilities and assets are as follows:
 
December 31,
(in thousands)
2015
 
2014
Deferred tax liabilities:
 
 
 
  Property, plant and equipment and Rail Group assets leased to others
$
(170,588
)
 
$
(133,869
)
  Prepaid employee benefits

 
(18,453
)
  Equity method investments
(45,673
)
 
(36,045
)
  Other
(22,261
)
 
(5,388
)
 
(238,522
)
 
(193,755
)
Deferred tax assets:
 
 
 
  Employee benefits
27,160

 
52,107

  Accounts and notes receivable
2,611

 
1,784

  Inventory
11,918

 
9,964

  Net operating loss carryforwards
4,542

 
1,155

  Other
13,583

 
148

  Total deferred tax assets
59,814

 
65,158

Valuation allowance
(593
)
 
(232
)
 
59,221

 
64,926

Net deferred tax liabilities
$
(179,301
)
 
$
(128,829
)

On December 31, 2015, the Company had $8.2 million, $55.6 million and $1.7 million of U.S. Federal, state and non-U.S. net operating loss carryforwards that begin to expire in 2035, 2017 and 2031, respectively. The Company also had U.S. foreign tax credits of $0.6 million that expire after 2025.

The Company or one of its subsidiaries files income tax returns in the U.S., various foreign jurisdictions and various state and local jurisdictions. The Company is no longer subject to examinations by foreign jurisdictions for years before 2010 and is no longer subject to examinations by U.S. tax authorities for years before 2011. During 2014, the Internal Revenue Service commenced an examination of the Company’s U.S. income tax returns for years 2011 and 2012. The Company is no longer subject to examination by state tax authorities in most states for tax years before 2012.

A reconciliation of the January 1, 2013 to December 31, 2015 amount of unrecognized tax benefits is as follows:
(in thousands)
 
Balance at January 1, 2013
$
1,046

Additions based on tax positions related to the current year
114

Reductions based on tax positions related to prior years
(45
)
Reductions as a result of a lapse in statute of limitations
(5
)
Balance at December 31, 2013
1,110

 
 
Additions based on tax positions related to the current year
125

Additions based on tax positions related to prior years
384

Reductions as a result of a lapse in statute of limitations
(132
)
Balance at December 31, 2014
1,487

 
 
Additions based on tax positions related to the current year
55

Additions based on tax positions related to prior years
691

Reductions based on tax positions related to prior years
(518
)
Reductions as a result of a lapse in statute of limitations
(284
)
Balance at December 31, 2015
$
1,431



The Company anticipates a $0.5 million decrease in the reserve during the next 12 months due to the settling of state tax appeals. Dependent upon the outcome, the total liability for unrecognized tax benefits as of December 31, 2015 could impact the effective tax rate.

The Company has elected to classify interest and penalties as interest expense and penalty expense, respectively, rather than as income tax expense. The Company has $0.6 million accrued for the payment of interest and penalties at December 31, 2015. The net interest and penalties expense for 2015 is $0.1 million, due to increased uncertain tax positions. The Company had $0.4 million accrued for the payment of interest and penalties at December 31, 2014. The net interest and penalties expense for 2014 was $0.2 million.