Entity information:

The provision for income taxes consists of the following (in thousands):

 

    For the Years Ended
December 31,
 
    2016     2015  
             
Current provision:            
Federal   $ -     $ -  
State     33       (99 )
                 
Total current provision     33       (99 )
                 
Deferred benefit:                
Federal     (7,298 )     (2,857 )
State     (639 )     (416 )
                 
Total deferred benefit     (7,937 )     (3,273 )
                 
Provision for income taxes   $ (7,904 )   $ (3,372 )

  

The following table reconciles the statutory tax rates to our effective tax rate:

 

    For the Years Ended
December 31,
 
    2016     2015  
             
Federal statutory rate     34.00 %     34.00 %
State taxes, net of federal benefit     1.85 %     1.35 %
Goodwill impairment     -0.33 %     -21.88 %
Change in valuation allowance     -8.60 %     0.00 %
Other     1.79 %     6.01 %
                 
Effective income tax rate     28.71 %     19.48 %

 

We currently project a loss for the year ended December 31, 2016, for federal income tax purposes and in certain state income tax jurisdictions. As of December 31, 2016, we had a gross net operating loss (“NOL”) carryforward for U.S. federal income tax purposes of approximately $29.5 million. This NOL will begin to expire in 2033 if not utilized. We will carryforward the net federal NOL of approximately $10.0 million. We also have state NOL carryforwards that will affect state taxes of approximately $0.9 million as of December 31, 2016. State NOLs begin to expire in 2034. Carryback provisions are not allowed by all states, accordingly the state NOLs also give rise to a deferred tax asset.

 

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The Company has evaluated the available evidence and the likelihood of realizing the benefit of its net deferred tax assets. Management considers cumulative losses and other negative evidence as well as positive evidence such as the scheduled reversal of deferred tax liabilities, future profitability, and tax planning strategies in making this assessment. From its evaluation, the Company has concluded that based on the weight of available evidence, it is not more likely than not to realize the benefit of its deferred tax assets. Therefore, the Company established a valuation allowance of $2.4 million for the year ended December 31, 2016. Should the factors underlying management’s analysis change, future valuation adjustments to net deferred tax assets may be necessary. The benefit from any reversal of the valuation allowance will be charged directly to income tax expense. As of December 31, 2015, no valuation allowance was necessary.

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income taxes. Components of our deferred income taxes as of December 31, 2016 and 2015 are as follows (in thousands):

 

    For the Years Ended
December 31,
 
    2016     2015  
             
Deferred tax assets:            
Allowance for doubtful accounts   $ 191     $ 148  
Net operating loss     10,024       5,514  
Start-up costs     17       18  
State net operating loss, net of federal benefit     604       344  
Accrued compensation     220       42  
Charitable contributions and other     26       19  
                 
Total deferred tax assets     11,082       6,085  
                 
Deferred tax liabilities:                
Prepaid assets     32       28  
Property and equipment     7,334       11,539  
Intangibles     1,208       2,013  
State deferreds, net of federal benefit     139       446  
Total deferred tax liabilities     8,713       14,026  
                 
Net deferred tax assets (liabilities) before valuation allowance     2,369       (7,941 )
Valuation allowance     (2,369 )     -  
                 
Net deferred tax liabilities after valuation allowance   $ -     $ (7,941 )

 

We follow accounting guidance under ASC 740-10 Income Taxes related to uncertainty in income tax positions, which clarifies the accounting and disclosure requirements for uncertainty in tax positions. We assessed our filing positions in all significant jurisdictions where we are required to file income tax returns for all open tax years and determined no liability existed or there was no liability for uncertain positions. Our major taxing jurisdictions include the U.S. federal income taxes and the Texas franchise tax. Our federal tax returns remain open for tax years 2012 forward and our state tax returns remain open for tax years 2011 forward. None of our federal or state income tax returns are currently under examination by the Internal Revenue Service or state authorities.