Income Taxes
The income tax provision consists of the following:
Year Ended December 31,
(in thousands)202520242023
Current:
  Federal$18,072 $21,081 $30,274 
  State and local8,521 7,568 5,852 
  Foreign4,235 4,780 2,869 
30,828 33,429 38,995 
Deferred:
  Federal(3,180)(4,028)(1,012)
  State and local(5,084)(202)1,252 
  Foreign(396)858 (2,201)
(8,660)(3,372)(1,961)
Total:
  Federal14,892 17,053 29,262 
  State and local3,437 7,366 7,104 
  Foreign3,839 5,638 668 
$22,168 $30,057 $37,034 

Income before income taxes consists of the following:
Year Ended December 31,
(in thousands)202520242023
  U.S.$138,469 $199,950 $161,377 
  Foreign3,000 807 8,186 
$141,469 $200,757 $169,563 
A reconciliation from the statutory U.S. federal tax rate to the effective tax rate follows:

Year Ended December 31,
(in thousands)202520242023
Statutory U.S. federal tax rate$29,706 21.0%$42,159 21.0%$35,608 21.0%
State and local income taxes, net of related federal taxes (1)
1,728 1.26,231 3.12,149 1.3
Foreign tax effects:
Switzerland
Changes in valuation allowance1,919 1.41,005 0.5— 
Other253 0.2480 0.2(876)(0.5)
Other foreign jurisdictions2,548 1.84,186 2.1136 0.1
Effect of cross-border tax laws580 0.4(501)(0.2)(784)(0.5)
Income tax credits:
Energy credits (10,906)(5.4)— 
Research and development — (1,758)(1.0)
Foreign tax credits(299)(0.2)(763)(0.4)(1,525)(0.9)
Other (2,091)(1.0)— 
Changes in valuation allowance213 0.21,197 0.6579 0.3
Nontaxable or nondeductible items:
Effect of noncontrolling interest(4,989)(3.5)(11,932)(5.9)(6,650)(3.9)
Clean fuel production credits(7,347)(5.2)— — 
Nondeductible compensation2,484 1.82,476 1.22,585 1.5
Other657 0.540 (423)(0.2)
Changes in unrecognized tax benefits(8,580)(6.1)(1,302)(0.6)7,511 4.4
Interest on tax positions2,045 1.4864 0.4— 
Other adjustments1,250 0.8(1,086)(0.6)482 0.2
Effective tax rate$22,168 15.7%$30,057 15.0%$37,034 21.8%
(1) In 2025, state and local income taxes in California comprise the majority of state and local income taxes, net of federal effect. In 2024, state and local income taxes in Indiana, Kansas, Illinois, and Michigan comprise the majority of state and local income taxes, net of federal effect. In 2023, state and local income taxes in Kansas comprise the majority of state and local income taxes, net of federal effect.

Income taxes paid (net of refunds received) by jurisdiction exceeded five percent of total income taxes paid (net of refunds received) as noted in the following:

Year Ended December 31,
(in thousands)202520242023
US federal$7,793 $20,596 $27,800 
US state and local:
   Kansas*2,770 3,971 
   Other2,529 4,780 8,505 
2,529 7,550 12,476 
Foreign:
Canada1,814 **
Mexico950 **
United Kingdom1,385 **
  Other1,776 3,328 5,377 
5,925 3,328 5,377 
Total:$16,247 $31,474 $45,653 
*Jurisdiction is below the threshold for the period presented.
TAMH, Skyland, and ELEMENT, for the periods in which the entity was consolidated, are treated as partnerships for U.S. tax purposes. Partnerships are not taxable entities so the tax consequences of the partnership’s transactions flow through to the partners at their proportionate share. As a result, the Consolidated Statements of Operations do not reflect such income taxes within Net income attributable to the noncontrolling interest.

The Company has elected to treat Global Intangible Low Tax Income (“GILTI”) as a period cost and, therefore, has not recognized deferred taxes for basis differences that may reverse as GILTI tax in future years.

For the years ended December 31, 2025, and 2024, the Company has not recognized deferred tax liabilities for temporary differences related to investments in foreign subsidiaries that were deemed permanently reinvested. Determination of the amount of unrecognized deferred income tax liabilities on these earnings is not practicable because such liability, if any, depends on certain circumstances existing and if/when remittance occurs. A deferred tax liability will be recognized if and when the Company no longer plans to permanently reinvest these undistributed earnings.

Significant components of the Company's deferred tax liabilities and assets are as follows:
December 31,
(in thousands)20252024
Deferred tax liabilities:
 Property, plant and equipment$(26,677)$(64,934)
 Operating lease right-of-use assets(23,370)(18,029)
 Investments(793)(21,968)
 Derivative instruments(4,192)(7,202)
 Other(5,111)(5,607)
(60,143)(117,740)
Deferred tax assets:
 Employee benefits23,250 24,346 
 Accounts and notes receivable11,931 12,289 
 Inventory2,892 3,166 
 Identifiable intangibles3,874 655 
 Federal income tax credits4,502 4,203 
 Net operating loss carryforwards5,437 1,212 
 Operating lease liability23,635 17,685 
 Other10,216 7,402 
Total deferred tax assets85,737 70,958 
Less: valuation allowance9,168 6,591 
76,569 64,367 
Net deferred tax assets (liabilities)$16,426 $(53,373)


The following table summarizes the amounts recognized in the Company's Consolidated Balance Sheets related to deferred tax assets and liabilities:
December 31,
(in thousands)Consolidated Balance Sheet Classification20252024
Deferred tax assets, net of valuation allowanceOther assets$30,634 $1,632 
Deferred tax liabilitiesOther long-term liabilities(14,208)(55,005)
Net deferred tax assets (liabilities) $16,426 $(53,373)

At December 31, 2025, the Company had $48.9 million, $25.4 million, and $118.1 million of U.S. Federal, non-U.S., and state net operating loss carryforwards that for non-U.S. and state purposes begin to expire in 2027 and 2026, respectively. The Company also has $4.5 million of U.S. foreign tax credit ("FTCs") carryforwards that begin to expire in 2026. The valuation allowance of $9.2 million is related to $4.5 million, $3.4 million, and $1.3 million of U.S. federal FTCs, foreign net operating losses, and other U.S. deferred tax assets, respectively.
Deferred income tax assets and liabilities are recognized for the future tax consequences attributable to differences between financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carryforwards. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. A valuation allowance will be recorded to reduce deferred tax assets if, based on all available evidence, it is considered more likely than not that some portion or all of the recorded deferred tax assets will not be realized in future periods. In assessing the realizability of our deferred tax assets, we consider positive and negative evidence, including historical operating results, future reversals of existing taxable temporary differences, projected future earnings, and tax planning strategies.

A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows:
(in thousands)202520242023
Balance at beginning of period$70,451 $84,719 $79,262 
Tax positions related to the current year
Gross additions — — 
Tax positions related to prior years
Gross additions1,843 — 6,395 
Gross reductions(9,818)(3,880)(58)
Settlements(21,508)(9,993)— 
Lapse in statute of limitations(79)— (619)
Exchange rate fluctuations271 (395)(261)
Balance at end of period$41,160 $70,451 $84,719 
As of December 31, 2025, 2024 and 2023, if our unrecognized tax benefits were recognized in future periods, they would favorably impact our effective tax rate by $39.3 million, $70.5 million, and $84.7 million, respectively. As of December 31, 2025, unrecognized tax benefits of $41.2 million include $22.9 million associated with the federal and state research & development credits.

The Company’s practice is to recognize interest and penalties on uncertain tax positions in the Income tax provision within the Consolidated Statements of Operations. At December 31, 2025, 2024, and 2023, the Company recorded reserves of $11.7 million, $15.7 million, and $13.0 million, respectively, of interest and penalties on uncertain tax positions in Other long-term liabilities within the Consolidated Balance Sheets.

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.