Quarterly report pursuant to Section 13 or 15(d)

Note 10 - Income Taxes

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Note 10 - Income Taxes
9 Months Ended
Sep. 30, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
10.
Income Taxes
 
Tax Benefit and Tax Rate.
 We recorded an income tax benefit of
$55.5
million and
$67.0
million for the
three
and
nine
 months ended
September 
30,
2019,
respectively.  During the
three
months ended
September 30, 2019,
we released a portion of the valuation allowance on our net deferred tax assets based on the Company’s quarterly assessment of the realizability of net deferred tax assets, resulting in an income tax benefit of
$55.8
million.  During the
nine
months ended
September 30, 2019,
we reversed a liability related to an uncertain tax position that was effectively settled with the Internal Revenue Service ("IRS"), resulting in an income tax benefit of
$11.5
 million.  Our effective tax rate was
not
meaningful for the periods presented due to these changes.
 
Valuation Allowance. 
Net deferred tax assets relate to net operating loss carryforwards, interest expense carryforwards and other temporary differences expected to produce tax deductions in future periods.  The realization of these assets depends on recognition of sufficient future taxable income in specific federal and state tax jurisdictions in which those temporary differences are deductible.  In assessing the need for a valuation allowance on our deferred tax assets, we consider whether it is more likely than
not
that some portion or all of our deferred tax assets will
not
be realized.  At
December 31, 2018,
our valuation allowance was
$117.8
million, which offset substantially all net deferred tax assets as of such date. 
 
Throughout
2019,
the Company has been in a cumulative
three
year pre-tax income position and has been assessing the realizeability of our deferred tax assets.  During the quarter ended
September 30, 2019,
the Company’s assessment included consideration of the Company’s operating history and our forecasted taxable income using all available information.  Based on the assessment, we determined that the Company’s ability to maintain long-term profitability despite near-term changes in commodity prices and capital and operating costs demonstrated that a portion of the Company’s net deferred tax assets would more likely than
not
be realized.  We released
$55.8
million of the valuation allowance, resulting in an income tax benefit in the quarter ended
September 30, 2019. 
As of
September 30, 2019,
the Company’s valuation allowance was
$62.9
million.
 
Income Taxes Receivable. 
As of
September 30, 2019
and
December 31, 2018,
we had current income taxes receivable of
$36.9
million and
$54.1
million, respectively, related primarily to net operating loss carryback claims for the years
2012,
2013
and
2014
that were carried back to prior years.  These carryback claims were made pursuant to IRC Section
172
(f) (related to rules regarding “specified liability losses”), which permits certain platform dismantlement, well abandonment and site clearance costs to be carried back
10
years.  During the
three
and
nine
months ended
September 
30,
2019,
we received
$16.9
million in income tax refunds.  During the same periods, we recorded interest income of
$0.5
 million and
$4.5
million related to these income tax claims, respectively.  During
October 2019,
we received
$34.9
 million in additional income tax refunds in addition to the
$4.5
million in interest income and we expect to receive the remaining balance of claims of approximately
$2.0
million in the
first
half of
2020.
 
 
During the
three
and
nine
 months ended
September 
30,
2018,
we did
not
receive any income tax claims or make any income tax payments of significance.
 
The tax years
2013
through
2018
remain open to examination by the tax jurisdictions to which we are subject.