Entity information:
8.
INCOME TAXES
 
 
Components of the provision (benefit) for income taxes are as follows (in thousands):
 
   
2017
   
2016
   
2015
 
Current:
                       
Federal
  $
23,327
    $
12,630
    $
11,710
 
State
   
436
     
262
     
606
 
     
23,763
     
12,892
     
12,316
 
Deferred:
                       
Federal
   
(127,310
)
   
8,604
     
(26,440
)
State
   
(328
)
   
155
     
2,245
 
     
(127,638
)
   
8,759
     
(24,195
)
Total
  $
(103,875
)
  $
21,651
    $
(11,879
)
 
 
The reconciliation of statutory federal and effective income tax rates is as follows:
 
   
2017
   
2016
   
2015
 
Statutory federal tax rate
   
35.0
%
   
35.0
%
   
35.0
%
State
and local income taxes, net of federal income tax effect
   
2.2
     
1.8
     
3.4
 
Non-
deductible executive compensation
   
1.6
     
     
 
Change in valuation allowances
   
0.1
     
0.6
     
22.6
 
Change in uncertain tax positions, including
income tax liabilities for settlements with taxing authorities
   
0.1
     
(0.2
)
   
(24.4
)
Change in federal tax rate
   
(270.8
)
   
     
 
Change in state tax rates
   
(3.7
)
   
(0.9
)
   
(7.6
)
Other, net
   
1.4
     
(0.9
)
   
(3.3
)
Total
   
(234.1
%)
   
35.4
%
   
25.7
%
 
 
Tax effects of temporary differences resulting in deferred income taxes are as follows (in thousands):
 
   
2017
   
2016
 
Deferred tax liabilities:
               
Property and equipment
  $
140,463
    $
232,565
 
Goodwill and other intangible assets
   
68,752
     
107,927
 
Expenses deducted for tax purposes and other
   
1,707
     
2,866
 
Subtotal
   
210,922
     
343,358
 
Deferred tax assets:
               
Income previously recognized for tax
purposes
   
2,449
 
   
4,658
 
Stock option and other deferred compensation expense
   
1,838
 
   
3,581
 
PSL and other deferred income recognized for tax purposes
   
627
 
   
1,072
 
State and federal net operating loss carryforwards
   
6,188
 
   
6,397
 
Subtotal
   
11,102
 
   
15,708
 
Less: valuation allowance
   
(1,940
)    
(1,748
)
Net deferred tax assets
   
9,162
 
   
13,960
 
Total net deferred tax liabilities
  $
201,760
    $
329,398
 
 
December 2017
Tax Cuts and Jobs Act Enactment (Note
2
)
On
December 22, 2017,
the Tax Cuts and Jobs Act was enacted into United States tax law substantially amending the Internal Revenue Code. Effective
January 1, 2018,
the Act permanently reduces US corporate federal tax rates from
35%
to
21%,
provides for
100%
expensing of certain qualified capital investments through
2022,
repeals the Alternative Minimum Tax, eliminates loss carrybacks, limits using future losses, and further limits the deductibility of certain executive compensation, among other provisions. Many effects of the Act are international in nature, and therefore do
not
apply us. Under current accounting guidance, we are recognizing the effects of the changed tax rates and laws as of the enactment date, subject to SAB
No.
118
which provides for a provisional
one
-year measurement period for entities to finalize their accounting for certain income tax effects of the Tax Act. As further described in Note
2,
SAB
No.118
addresses the application of US GAAP where entities do
not
have the necessary information available, prepared or analyzed (including computations) in reasonable detail to complete such accounting.
 
As such, under SAB
No.
118,
we recorded a provisional
one
-time material reduction of our net deferred income tax liabilities, and corresponding income tax
benefit, of
$119,449,000
in the
fourth
quarter
2017,
resulting from re-measuring our deferred tax assets and liabilities using the new lower tax rate and certain tax expense. The associated effects on our gross deferred tax assets, deferred tax liabilities and valuation allowances, including changes in timing differences, are reflected in the above disclosures. The reduction consists of
: (i) tax benefits of
$120,172,000
using the new lower federal tax rates and (ii) provisional tax expense of
$723,000
related to non-deductible executive compensation as we anticipate the performance-based exception on our cash compensation plans will
no
longer be applicable. 
We anticipate the Internal Revenue Service will be providing additional guidance on the accounting for non-deductible executive compensation. We plan to finalize the accounting for those provisional amounts upon filing of our federal income tax returns within our
2018
fourth
quarter
 or in earlier periods if additional guidance is issued
. Final amounts
may
differ from provisional amounts after further analysis, changes in interpretation and assumptions, or additional regulatory guidance that
may
be issued, among other things.
 
Effective Tax Rate Comparison for
2015
through
2017
– Our effective income tax rate for
2017
was
234.1%
(benefit), for
2016
was
35.4%
(expense) and for
2015
was
25.7%
(expense). Our
2017
effective tax rate reflects the
one
-time material tax benefit associated with re-measuring our deferred tax assets and liabilities using the new lower US corporate federal tax rate of
21%,
and tax expense of related to non-deductible executive compensation as further described above. The
2017
rate also reflects non-recurring tax benefits of
$575,000
resulting from certain state income tax law changes, and non-recurring tax benefits of
$1,070,000
for lower state income tax rates associated with
2018
race date realignments. Our
2016
effective tax rate reflects non-recurring tax benefits of
$546,000
resulting from certain state income tax law changes. Our
2015
tax rate reflects reductions of valuation allowances on deferred tax assets associated with our discontinued operation. Our
2015
tax rate also reflects lower effective state income tax rates, adjustments associated with the
2015
intangible asset and goodwill impairment charges and certain deferred tax assets, and a non-recurring tax benefit of
$610,000
resulting from certain state income tax law changes enacted in
2015.
 
At
December 31, 2017,
the Company has approximately $
205,082,000
of state net operating loss carryforwards expiring in
2018
through
2037.
At
December 31, 2017
and
2016,
valuation allowances of
$1,940,000
and
$1,748,000
have been provided against deferred tax assets because management has determined that ultimate realization is
not
more likely than
not
for certain deferred tax assets and state net operating loss carryforwards. The valuation allowances for deferred tax assets increased by
$192,000
in
2017,
increased by
$326,000
in
2016,
and decreased by
$10,771,000
in
2015.
 
Accounting for Uncertainty in Income Taxes
– Income tax liabilities for unrecognized tax benefits approximate
$11,711,000
and
$12,006,000
at
December 31, 2017
and
2016,
$11,711,000
and
$11,746,000
of which relates to our discontinued operation. Of those amounts,
$11,534,000
and
$11,794,000
is included in noncurrent other liabilities, all of which would favorably impact our effective tax rate if recognized, and
$177,000
and
$212,000
is included in deferred tax liabilities, at
December 31, 2017
and
2016,
respectively. As of
December 31, 2017
and
2016,
management believes
$0
and
$260,000
of unrecognized tax benefits will be recognized within the next
twelve
months. Interest and penalties associated with uncertain tax benefits amounted to
$188,000
in
2017,
$61,000
in
2016
and
$15,000
in
2015,
and derecognized amounts were
$86,000
in
2017,
$90,000
in
2016
and
$174,000
in
2015.
As of
December 31, 2017
and
2016,
we had
$241,000
and
$140,000
accrued for the payment of interest and penalties on uncertain tax positions, which is included in other noncurrent liabilities. The tax years that remain open to examination include
2015
through
2016
by the Internal Revenue Service, and
2013
 through
2016
by other state taxing jurisdictions to which we are subject. 
 
A reconciliation of the change in the total unrecognized tax benefits and other information for the
three
years ended
December 31, 2017
is as follows (in thousands):
 
   
2017
   
2016
   
2015
 
Beginning of period
  $
12,006
    $
12,280
    $
885
 
Increases (decreases) for tax positions of current year
   
     
     
11,781
 
Increases for tax positions of prior years
   
     
     
 
Decreases for tax positions of prior years
   
(295
)
   
(274
)
   
(386
)
Reductions for lapse of
applicable statute of limitations
   
     
     
 
Increases (decreases) for settlements with taxing authorities
   
     
     
 
End of period
  $
11,711
    $
12,006
    $
12,280
 
 
Income Tax Benefits
– Applicable accounting guidance
may
require establishing valuation allowances for certain deferred tax assets or income tax liabilities for unrecognized tax benefits, although management believes associated tax filing positions are sustainable and properly reflected in its tax filings. Our liabilities for unrecognized tax benefits are reflected in the table above. Should those tax positions
not
be fully sustained if examined, an acceleration of material income taxes payable could occur. Where
no
net income tax benefit had been previously reflected because of providing a valuation allowance on related deferred tax assets, our future results of operations might
not
be significantly impacted. However, resulting cash required for payments of income taxes could be material in the period in which such determination is made.