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Note 13 - Income Taxes
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
13.
Income Taxes
 
The (provision) benefit for income taxes includes the following components:
 
 
 
 
Year Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
 
 
(Dollars in thousands)
 
Current (provision) benefit for income taxes:
                       
Federal
  $
(223,605
)   $
(83,541
)   $
(28,942
)
State
   
(16,470
)    
(6,803
)    
(6,159
)
     
(240,075
)    
(90,344
)    
(35,101
)
Deferred (provision) benefit for income taxes:
                       
Federal
   
(6,128
)    
(24,395
)    
(84,704
)
State
   
(22,183
)    
(14,241
)    
(14,294
)
     
(28,311
)    
(38,636
)    
(98,998
)
(Provision) benefit for income taxes
  $
(268,386
)   $
(128,980
)   $
(134,099
)
  
 
The components of our net deferred income tax asset are as follows:
 
 
 
 
December 31,
 
 
 
2016
 
 
2015
 
 
 
(Dollars in thousands)
 
Inventory valuation adjustments
  $
73,353
    $
98,141
 
Financial accruals
   
106,862
     
129,120
 
Federal net operating loss carryforwards
   
92,043
     
97,507
 
State net operating loss carryforwards
   
45,607
     
60,739
 
Tax credit carryforwards
   
2,347
     
1,246
 
Goodwill impairment charges
   
3,396
     
4,287
 
Other, net
   
9,226
     
6,310
 
Total deferred tax asset
   
332,834
     
397,350
 
Less: Valuation allowance
   
(2,456
)    
(1,156
)
Net deferred tax asset
  $
330,378
    $
396,194
 
 
Each quarter we assess our deferred tax asset to determine whether all or any portion of the asset is more likely than not unrealizable under ASC
740.
We are required to establish a valuation allowance for any portion of the asset we conclude is more likely than not to be unrealizable. Our assessment considers, among other things, the nature, frequency and severity of our prior and cumulative losses, forecasts of our future taxable income, the duration of statutory carryforward periods, our utilization experience with operating loss and tax credit carryforwards, and tax planning alternatives.
 
As of
December
31,
2016,
we had a
$332.8
million deferred tax asset which was partially offset by a deferred tax asset valuation allowance of
$2.5
million related to state net operating loss carryforwards that are not more likely than not to be realized. In addition, as of such date,
$103.9
million (or approximately
$263.0
million and
$285.7
million, respectively, of federal and state net operating loss carryforwards on a gross basis) of our deferred tax asset related to net operating loss carryforwards is subject to the Internal Revenue Code Section
382
("Section
382")
gross annual deduction limitation of
$15.6
million for both federal and state purposes. Additionally,
$21.7
million, (or approximately
$798.1
million of our state deferred tax assets on a gross basis) of our state deferred tax assets related to net operating losses is subject to Section 
382
limitations resulting from our
October
1,
2015
merger with Ryland. The remaining
$12.0
million (or approximately
$168.5
million of state net operating loss carryforwards on a gross basis) represents state net operating loss carryforwards that are not limited by Section
382.
Our gross federal and state net operating loss carryforwards of approximately
$263.0
million and
$1.3
billion, respectively, if unused, will begin to expire in
2028
and
2020,
respectively. The remaining deferred tax asset balance of
$195.1
million represented deductible timing differences, primarily related to inventory impairments and financial accruals, which have no expiration date.
 
As of
December
31,
2015,
we had a
$397.4
million deferred tax asset which was partially offset by a deferred tax asset valuation allowance of
$1.2
million related to state net operating loss carryforwards that are limited by shorter carryforward periods. In addition, as of such date,
$112.6
million (or approximately
$278.6
million and
$263.1
million, respectively, of federal and state net operating loss carryforwards on a gross basis) of our deferred tax asset related to net operating loss carryforwards is subject to the Internal Revenue Code Section
382
("Section
382")
gross annual deduction limitation of
$15.6
million for both federal and state purposes. The remaining
$45.6
million represents state net operating loss carryforwards that are not limited by Section
382.
Our gross federal and state net operating loss carryforwards of approximately
$278.6
million and
$1.2
billion, respectively, if unused, will begin to expire in
2028
and
2016,
respectively. The remaining deferred tax asset represented deductible timing differences, primarily related to inventory impairments and financial accruals, which have no expiration date.
 
Our
2016
provision for income taxes was
$268.4
million related primarily to our
$753.1
million of pretax income.
The effective tax rate differs from the federal statutory rate of
35%
due to the following items:
 
 
 
Year Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
 
 
(Dollars in thousands)
 
Income before taxes
  $
753,116
    $
342,489
    $
349,964
 
(Provision) benefit for income taxes at federal statutory rate
  $
(263,591
)   $
(119,871
)   $
(122,488
)
(Increases) decreases in tax resulting from:
                       
State income taxes, net of federal benefit
   
(24,649
)    
(11,680
)    
(12,961
)
Net deferred tax asset valuation (allowance) benefit
   
(371
)    
1,405
     
2,030
 
(Increases) decreases in liability for unrecognized tax benefits
   
(466
)    
(1,611
)    
(1,605
)
Nondeductible expenses and credits
   
364
     
(2,164
)    
 
Domestic production activities deduction
   
18,324
     
6,150
     
1,562
 
Other, net
   
2,003
     
(1,209
)    
(637
)
(Provision) benefit for income taxes
  $
(268,386
)   $
(128,980
)   $
(134,099
)
Effective tax rate
   
35.6
%    
37.7
%    
38.3
%
 
 
As of
December
31,
2016,
our liability for unrecognized tax benefits was
$12.1
million, of which
$7.9
million, if recognized, would affect our effective tax rate. Our liabilities for unrecognized tax benefits are included in accrued liabilities on the accompanying consolidated balance sheets. We classify estimated interest expense and penalties related to unrecognized tax benefits in our provision for income taxes. As of
December
31,
2016
and
2015,
accrued interest and penalties related to unrecognized benefits was
$1.4
million and
$1.3
million, respectively. During
2016,
2015,
and
2014
we accrued interest and penalties of
$0.1
million,
$1.0
million and
$0.3
million, respectively.
A reconciliation of the beginning and ending amount of gross unrecognized tax benefits, excluding accrued interest, is as follows:
 
 
 
Year Ended December 31,
 
 
 
2016
 
 
2015
 
 
2014
 
 
 
(Dollars in thousands)
 
Balance, beginning of the year
  $
10,631
    $
2,536
    $
472
 
Assumed with Ryland merger
   
     
6,182
     
 
Changes based on tax positions related to the current year
   
2,256
     
2,060
     
1,567
 
Changes for tax position in prior years
   
     
     
497
 
Reductions due to lapse of statute of limitations
   
(761
)    
(147
)    
 
Settlements
   
     
     
 
Balance, end of the year
  $
12,126
    $
10,631
    $
2,536
 
 
We do not expect a significant change in the liability for unrecognized tax benefits during the next
twelve
months. In addition, as of
December
31,
2016,
we remained subject to examination by various tax jurisdictions for the tax years ended
December
31,
2011
through
2016.