XML 39 R15.htm IDEA: XBRL DOCUMENT v3.6.0.2
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
Note 5. Income Taxes

Our income tax provision (benefit) is as follows:
 
 
Year Ended December 31,
In thousands
 
2016
 
2015
 
2014
Current income tax expense (benefit)
 
 
 
 
 
 
Federal
 
$

 
$
(8,515
)
 
$
(42,500
)
State
 
(785
)
 
160

 
(407
)
Total current income tax benefit
 
(785
)
 
(8,355
)
 
(42,907
)
 
 
 
 
 
 
 
Deferred income tax expense (benefit)
 
 

 
 

 
 

Federal
 
(521,519
)
 
(1,853,517
)
 
400,544

State
 
(21,866
)
 
(78,662
)
 
29,429

Total deferred income tax expense (benefit)
 
(543,385
)
 
(1,932,179
)
 
429,973

Total income tax expense (benefit)
 
$
(544,170
)
 
$
(1,940,534
)
 
$
387,066



At December 31, 2016, we had tax-effected federal net operating loss carryforwards (“NOLs”) totaling $27.1 million, state NOLs totaling $42.6 million (before provision for valuation allowance), an estimated $51.1 million of enhanced oil recovery credits to carry forward related to our tertiary operations, an estimated $21.6 million of research and development credits, and $41.1 million of alternative minimum tax credits.  Our state NOLs expire in various years, starting in 2019, although most do not begin to expire until 2036. Our enhanced oil recovery credits and research and development credits will begin to expire in 2023 and 2031, respectively.

Deferred income taxes reflect the available tax carryforwards and the temporary differences based on tax laws and statutory rates in effect at the December 31, 2016 and 2015 balance sheet dates.  As of December 31, 2016, we had $36.5 million of deferred tax assets associated with State of Louisiana net operating losses. As the result of falling commodity prices, combined with a tax law enacted in the State of Louisiana effective June 30, 2015, which limits a company’s utilization of certain deductions, including our net operating loss carryforwards, we recognized tax valuation allowances totaling $33.6 million during 2015 and an additional $2.9 million during 2016, which reduced the carrying value of our deferred tax assets. The valuation allowances will remain until the realization of future deferred tax benefits are more likely than not to become utilized.

As of December 31, 2016, we had an unrecognized tax benefit of $5.4 million related to an uncertain tax position.  The unrecognized tax benefit was recorded during 2015 as a direct reduction of the associated deferred tax asset and, if recognized, would not materially affect our annual effective tax rate.  The tax benefit from an uncertain tax position will only be recognized if it is more likely than not that the tax position will be sustained upon examination by the taxing authorities, based upon the technical merits of the position.  We currently do not expect a material change to the uncertain tax position within the next 12 months.  Our policy is to recognize penalties and interest related to uncertain tax positions in income tax expense; however, no such amounts were accrued related to the uncertain tax position as of December 31, 2016.

In connection with the privately negotiated agreements to exchange a portion of our existing senior subordinated notes for 2021 Senior Secured Notes, we realized a tax gain due to the concession extended by our note holders during the second quarter of 2016. This tax gain was offset by net operating losses and other deferred tax asset attributes.

Significant components of our deferred tax assets and liabilities as of December 31, 2016 and 2015 are as follows:
 

December 31,
In thousands

2016

2015
Deferred tax assets

 

 
Loss carryforwards – federal

$
27,078


$
52,580

Loss carryforwards – state

42,625


37,175

Tax credit carryover

41,132


34,837

Business credit carryforwards

72,748


70,452

Derivative contracts
 
27,261

 

Stock-based compensation

10,306


23,468

Unrecognized gain and original issue discount on debt exchange
 
106,321

 

Other

38,834


34,236

Valuation allowance

(36,510
)

(33,600
)
Total deferred tax assets

329,795


219,148








Deferred tax liabilities

 


 

Property and equipment

(619,923
)

(1,004,330
)
Derivative contracts



(50,081
)
Other

(3,750
)

(16,826
)
Total deferred tax liabilities

(623,673
)

(1,071,237
)
Total net deferred tax liability

$
(293,878
)

$
(852,089
)


Our reconciliation of income tax expense computed by applying the U.S. federal statutory rate and the reported effective tax rate on income from continuing operations is as follows:
 
 
Year Ended December 31,
In thousands
 
2016
 
2015
 
2014
Income tax provision (benefit) calculated using the federal statutory income tax rate
 
$
(532,121
)
 
$
(2,214,094
)
 
$
357,895

State income taxes, net of federal income tax benefit
 
(25,351
)
 
(117,624
)
 
25,368

Impairment of goodwill with no related tax basis
 

 
363,666

 

Tax shortfall on stock-based compensation deduction
 
9,557

 

 

Valuation allowance
 
2,910

 
33,600

 

Other
 
835

 
(6,082
)
 
3,803

Total income tax expense (benefit)
 
$
(544,170
)
 
$
(1,940,534
)
 
$
387,066


 
We file consolidated and separate income tax returns in the U.S. federal jurisdiction and in many state jurisdictions.  The statutes of limitation for our income tax returns for tax years ending prior to 2011 have lapsed and therefore are not available for examination by respective taxing authorities. We have not paid any significant interest or penalties associated with our income taxes.