Income Taxes

12 Months Ended

Dec. 31, 2020

Income Tax Disclosure [Abstract]

Income Taxes

INCOME TAXES

The income tax provision attributable to continuing operations for the years ended December 31, 2020, 2019, and 2018, consists of the following:

	Year Ended December 31,
	2020		2019		2018
	(In Thousands)
Current
Federal	$	—	$	—	$	—
State	191		400		360
Foreign	1,598		2,837		3,742
	1,789		3,237		4,102
Deferred
Federal	(175)		(161)		(151)
State	(125)		(395)		(149)
Foreign	269		130		(118)
	(31)		(426)		(418)
Total tax provision	$	1,758	$	2,811	$	3,684

A reconciliation of the provision (benefit) for income taxes attributable to continuing operations, computed by applying the federal statutory rate to income (loss) before income taxes and the reported income taxes, is as follows:

	Year Ended December 31,
	2020		2019		2018
	(In Thousands)
Income tax provision (benefit) computed at statutory federal income tax rates	$	(5,268)	$	(26,903)	$	(552)
State income taxes (net of federal benefit)	(2,124)		(2,388)		(1,345)
Impact of international operations	4,036		672		13,790
Impact of U.S. tax law change	—		—		(2,510)
Valuation allowance	4,598		30,640		(8,115)
Other	516		790		2,416
Total tax provision	$	1,758	$	2,811	$	3,684

Income (loss) before taxes and discontinued operations includes the following components: 

	Year Ended December 31,
	2020		2019		2018
	(In Thousands)
Domestic	$	(25,929)	$	(135,668)	$	(8,143)
International	843		7,559		5,515
Total	$	(25,086)	$	(128,109)	$	(2,628)

A reconciliation of the beginning and ending amount of our gross unrecognized tax benefit is as follows: 

	Year Ended December 31,
	2020		2019		2018
	(In Thousands)
Gross unrecognized tax benefits at beginning of period	$	137	$	328	$	530
Lapse in statute of limitations	(120)		(191)		(202)
Gross unrecognized tax benefits at end of period	$	17	$	137	$	328

We recognize interest and penalties related to uncertain tax positions in income tax expense. During the years ended December 31, 2020, 2019, and 2018, we recognized $(0.2) million, $(0.3) million, and $(0.2) million, respectively, of interest and penalties. As of December 31, 2020 and 2019, we had less than $0.1 million and $0.2 million, respectively, of accrued potential interest and penalties associated with uncertain tax positions. The total amount of unrecognized tax benefits that would affect our effective tax rate if recognized was less than $0.1 million and $0.4 million as of December 31, 2020 and 2019, respectively. We do not expect a significant change to the unrecognized tax benefits during the next twelve months.

We file tax returns in the U.S. and in various state, local, and non-U.S. jurisdictions. The following table summarizes the earliest tax years that remain subject to examination by taxing authorities in any major jurisdiction in which we operate:

Jurisdiction	Earliest Open Tax Period
United States – Federal	2012
United States – State and Local	2002
Non-U.S. jurisdictions	2011

We use the liability method for reporting income taxes, under which current and deferred tax assets and liabilities are recorded in accordance with enacted tax laws and rates. Under this method, at the end of each period, the amounts of deferred tax assets and liabilities are determined using the tax rate expected to be in effect when the taxes are actually paid or recovered. We establish a valuation allowance to reduce the deferred tax assets when it is more likely than not that some portion or all of the deferred tax assets will not be realized. We considered all available evidence, both positive and negative, in determining whether, based on the weight of that evidence, a valuation allowance is needed for some portion or all of our deferred tax assets. In determining the need for a valuation allowance on our deferred tax assets we placed greater weight on recent and objectively verifiable current information, as compared to more forward-looking information that is used in valuating other assets on the balance sheet. While we have considered taxable income in prior carryback years, future reversals of existing taxable temporary differences, future taxable income, and tax planning strategies in assessing the need for the valuation allowance, there can be no guarantee that we will be able to realize our net deferred tax assets. Significant components of our deferred tax assets and liabilities as of December 31, 2020 and 2019 are as follows: 

	December 31,
	2020		2019
	(In Thousands)
Net operating losses	$	104,478	$	103,834
Accruals	16,515		20,674
Depreciation and amortization for book in excess of tax expense	12,608		14,262
Investment in Partnership	23,344		—
All other	12,743		16,583
Total deferred tax assets	169,688		155,353
Valuation allowance	(146,678)		(123,808)
Net deferred tax assets	$	23,010	$	31,545

	December 31,
	2020		2019
	(In Thousands)
Right of use asset	$	7,808	$	9,091
Depreciation and amortization for tax in excess of book expense	15,402		18,596
All other	1,690		5,635
Total deferred tax liability	24,900		33,322
Net deferred tax liability	$	1,890	$	1,777

We believe that it is more likely than not we will not realize all the tax benefits of the deferred tax assets within the allowable carryforward period. Therefore, an appropriate valuation allowance has been provided. The valuation allowance as of December 31, 2020 and 2019 primarily relates to federal deferred tax assets. The $22.9 million increase in the valuation allowance during the year ended December 31, 2020 was primarily due to the increase in Federal deferred tax assets, the majority of which is related to the sale of our partnership interest in CCLP in January 2021 as discussed in Note 18 - “Subsequent Event.” Entering into the GP Sale in January 2021 resulted in the recognition of temporary deferred assets associated with the outside basis difference of some of our subsidiaries at December 31, 2020. These temporary differences are fully offset by an increase to the valuation allowance.

At December 31, 2020, we had federal, state, and foreign net operating loss carryforwards/carrybacks equal to approximately $80.0 million, $11.4 million, and $13.0 million, respectively. In those countries and states in which net operating losses are subject to an expiration period, our loss carryforwards, if not utilized, will expire at various dates from 2021 through 2040. Utilization of the net operating loss and credit carryforwards may be subject to a significant annual limitation due to ownership changes that have occurred previously or could occur in the future provided by Section 382 of the Internal Revenue Code.