Income Taxes

12 Months Ended

Dec. 31, 2020

Income Tax Disclosure [Abstract]

Income Taxes

Note 4 – Income Taxes

The provision for income taxes consists of the following:

	For the Years Ended December 31,
	2020			2019			2018
	(in thousands)
Current portion of income tax (expense) benefit
Federal	$	—		$	3,826		$	—
State	(449)			(1,618)			(1,662)
Deferred portion of income tax (expense) benefit	192,540			41,835			(141,708)
Income tax (expense) benefit	$	192,091		$	44,043		$	(143,370)
Effective tax rate	20.1		%	19.1		%	22.0		%

The components of the net deferred tax liabilities are as follows:

	As of December 31,
	2020		2019
	(in thousands)
Deferred tax liabilities
Oil and gas properties excluding asset retirement obligation liabilities	$	83,816	$	224,686
Derivative assets	—		4,646
Other	10,054		12,361
Total deferred tax liabilities	93,870		241,693
Deferred tax assets
Derivative liabilities	36,311		—
Debt discount and deferred financing costs	23,925		—
Asset retirement obligation liabilities	18,424		19,658
Credit carryover	7,543		11,270
Pension	7,183		5,971
Federal and state tax net operating loss carryovers	3,898		4,172
Stock compensation	2,701		3,503
Other liabilities	7,273		10,803
Total deferred tax assets	107,258		55,377
Valuation allowance	(13,388)		(3,070)
Net deferred tax assets	93,870		52,307
Total net deferred tax liabilities	$	—	$	189,386
Current federal income tax refundable	$	—	$	3,885
Current state income tax payable	$	853	$	1,404

As of December 31, 2020, the Company has recorded the utilization of its federal net operating loss (“NOL”) carryforward and has remaining state NOL carryforwards of $4.9 million. The state NOLs and de minimus state tax credits expire between 2021 and 2040. The Company has a federal research and development (“R&D”) credit carryforward of $7.5 million, which will expire between 2028 and 2033 if not used. The Company’s current valuation allowance relates to state NOL carryforwards and state tax credits, which are expected to expire before they can be utilized, and tax-effected unrealized derivative liabilities in excess of its net deferred liability balance.

Recorded income tax expense or benefit differs from the amount that would be provided by applying the statutory United States federal income tax rate to income or loss before income taxes. These differences primarily relate to the effect of state income taxes, excess tax benefits and deficiencies from stock-based compensation awards, tax limitations on compensation of covered individuals, changes in valuation allowances, the cumulative impact of other smaller permanent differences, and can also reflect the

cumulative effect of an enacted tax rate change, in the period of enactment, on the Company’s net deferred tax asset and liability balance. These differences are reported as follows:

	For the Years Ended December 31,
	2020		2019		2018
	(in thousands)
Federal statutory tax (expense) benefit	$	200,908	$	48,519	$	(136,873)
(Increase) decrease in tax resulting from:
State tax (expense) benefit (net of federal benefit)	5,722		(260)		(2,771)
Change in valuation allowance	(10,318)		13		(105)
Employee share-based compensation	(2,578)		(3,346)		(2,508)
Other	(1,643)		(883)		(1,113)
Income tax (expense) benefit	$	192,091	$	44,043	$	(143,370)

Acquisitions, divestitures, drilling activity, and basis differentials, which impact the prices received for oil, gas, and NGLs, impact the apportionment of taxable income to the states where the Company owns oil and gas properties. As these factors change, the Company’s state income tax rate changes. This change, when applied to the Company’s total temporary differences, impacts the total state income tax (expense) benefit reported in the current year. Items affecting state apportionment factors are evaluated upon completion of the prior year income tax return, after significant acquisitions and divestitures, if there are significant changes in drilling activity, or if estimated state revenue changes occur during the year. As a result of the 2018 divestitures, the Company’s state apportionment rate reflects its significant Texas presence.

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted on March 27, 2020. The primary feature of the CARES Act that the Company benefited from was the acceleration of its refundable Alternative Minimum Tax (“AMT”) credits. On April 1, 2020, the Company filed an election to accelerate its remaining refundable AMT credits of $7.6 million. The Company received the refund in July 2020.

For all years before 2017, the Company is generally no longer subject to United States federal or state income tax examinations by tax authorities.

The Company complies with authoritative accounting guidance regarding uncertain tax provisions. The entire amount of unrecognized tax benefit reported by the Company would affect its effective tax rate if recognized. Interest expense in the accompanying statements of operations includes a negligible amount associated with income taxes. The total amount recorded for unrecognized tax benefits for each of the years ended December 31, 2020, 2019, and 2018, was $446,000. The Company does not expect a significant change to the recorded unrecognized tax benefits in 2021.