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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
 
All of our income is generated in the U.S. The components of income tax provision (benefit) were as follows (in thousands):
 
 
Year Ended December 31,
 
 
2019
 
2018
 
2017
Current federal
 
$
(1,052
)
 
$
1,222

 
$
(413
)
Current state
 
(273
)
 
571

 
331

 
 
(1,325
)
 
1,793

 
(82
)
 
 


 


 


Deferred federal
 
(4,500
)
 
(135
)
 
(5,368
)
Deferred state
 
(874
)
 
(371
)
 
(32
)
 
 
(5,374
)
 
(506
)
 
(5,400
)
 
 
$
(6,699
)
 
$
1,287

 
$
(5,482
)


Income tax provision (benefit) differs from the amount computed by applying the statutory federal income tax rate to income (loss) before income taxes as follows (in thousands):
 
 
Year Ended December 31,
 
 
2019
 
2018
 
2017
Provision at U.S. statutory rate
 
$
(4,120
)
 
$
1,140

 
$
1,374

State taxes, net of federal benefit
 
(1,023
)
 
210

 
189

Effect of tax rate change on deferred tax assets and liabilities
 

 

 
(6,923
)
Permanent differences, primarily meals and entertainment
 
155

 
111

 
180

Stock-based compensation
 
(3
)
 
(42
)
 
(11
)
Other adjustments
 
(149
)
 

 

Tax credits
 
(1,833
)
 
(132
)
 
(291
)
Unrecognized tax benefits
 
274

 

 

 
 
$
(6,699
)
 
$
1,287

 
$
(5,482
)


Significant components of our deferred tax assets and liabilities were as follows (in thousands):
 
 
 
December 31,
 
 
2019
 
2018
Deferred tax assets
 
 
 
 
Net operating losses and tax credit carryforwards
 
$
5,565

 
$
11

Accrued salaries and severance
 
1,060

 
1,089

Right-of-use liability
 
5,030

 

Other
 
3,529

 
1,403

 
 
15,184

 
2,503

Deferred tax liabilities
 
 
 
 
Property, equipment and leasehold improvements
 
(12,222
)
 
(10,783
)
Intangible assets
 
(4,594
)
 
(3,977
)
Right-of-use asset
 
(5,144
)
 

Other
 
(190
)
 
(124
)
 
 
(22,150
)
 
(14,884
)
 
 
$
(6,966
)
 
$
(12,381
)


As of December 31, 2019, included in our net operating losses and tax credit carryforwards were the following (in thousands):
State NOLs, tax effected (expire in 2022-2039)
$
541

Federal NOLs, tax effected (no expiration date)
2,417

Federal employer FICA tips credit (expire in 2036-2039)
691

Federal research and development tax credit, net of $274 of unrecognized tax benefits (expire in 2035-2039)
1,916



We also have an AMT credit carryforward of $120,000 which is refundable over the next four years. As such, the carryforward is recognized as a tax receivable on our Consolidated Balance Sheets as of December 31, 2019.

In assessing the realizability of our deferred tax assets, we consider future taxable income expected to be generated by the projected differences between financial statement depreciation and tax depreciation, cumulative earnings generated to date and other evidence available to us. Based upon this consideration, we assessed that all of our deferred taxes are more likely than not to be realized, and, as such, we have not recorded a valuation allowance as of December 31, 2019 or 2018.

A reconciliation of the total amounts of unrecognized tax benefits is as follows (in thousands):
 
2019
 
2018
Unrecognized tax benefits – January 1
$

 
$

Gross increases – tax positions in current period
274

 

Unrecognized tax benefits – December 31
$
274

 
$



Included in the balance of unrecognized tax benefits as of December 31, 2019 are $0.3 million of tax benefits that, if recognized, would affect the effective tax rate. Also included in the balance of unrecognized tax benefits as of December 31, 2019 are $0.3 million of tax benefits that, if recognized, would result in adjustments to other tax accounts, primarily deferred taxes.

Interest and penalties accrued on unrecognized tax benefits are recorded as tax expense in the period incurred. There were no interest or penalties accrued on the unrecognized tax benefits at December 31, 2019 and we do not anticipate any changes to the unrecognized tax benefits within the coming year.

Our federal tax returns for 2016 through 2019 remain subject to examination by the Internal Revenue Service (“IRS”), while our tax credit carryovers from 2015 can be examined to the extent they are utilized on a future return. Our state income tax returns for 2016 through 2019 remain subject to examination, and 2015 state income tax returns are subject to examination in state jurisdictions that have a four year statute of limitations. We are currently not under audit in any jurisdiction, and have not concluded any federal or state tax audits.