(9)
Income Taxes

Deferred income taxes are provided to reflect the future tax consequences or benefits of differences between the tax basis of assets and liabilities and their reported amounts in the financial statements using enacted tax rates.

The following is an analysis of the consolidated income tax provision (benefit):

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

 

 

(In thousands)

 

Current - Federal

 

$

(3,449

)

 

$

(24,200

)

 

$

(4,570

)

Current - State

 

 

 

 

 

44

 

 

 

(4,636

)

Deferred - Federal

 

 

94,461

 

 

 

(88,001

)

 

 

52,520

 

Deferred - State

 

 

(2,479

)

 

 

(36,918

)

 

 

(8,219

)

 

 

$

88,533

 

 

$

(149,075

)

 

$

35,095

 

In recording deferred income tax assets, the Company considers whether it is more likely than not that its deferred income tax assets will be realized in the future. The ultimate realization of deferred income tax assets is dependent upon the generation of future taxable income during the periods in which those deferred income tax assets would be deductible. The Company believes that after considering all the available objective evidence, historical and prospective, with greater weight given to historical evidence, management is not able to determine that it is more likely than not that all of its deferred tax assets will be realized. As a result, the Company established valuation allowances for its deferred tax assets and U.S. federal and state net operating loss carryforwards that are not expected to be utilized due to the uncertainty of generating taxable income prior to the expiration of the carryforward periods. The Company will continue to assess the valuation allowances against deferred tax assets considering all available information obtained in future periods.

The tax effects of significant temporary differences representing the net deferred tax liabilities were as follows:

 

 

As of December 31,

 

 

 

2025

 

 

2024

 

 

 

(In thousands)

 

Deferred tax assets:

 

 

 

 

 

 

Interest expense limitation

 

$

209,968

 

 

$

207,053

 

Net operating loss carryforwards

 

 

212,344

 

 

 

79,628

 

Research and development and other tax credits

 

 

28,688

 

 

 

17,411

 

Asset retirement obligation

 

 

7,654

 

 

 

6,991

 

Unrealized hedging losses

 

 

1,956

 

 

 

16,701

 

Other

 

 

7,209

 

 

 

4,731

 

 

 

 

467,819

 

 

 

332,515

 

Valuation allowance on deferred tax assets

 

 

(52,693

)

 

 

(53,687

)

Deferred tax assets

 

 

415,126

 

 

 

278,828

 

Deferred tax liabilities:

 

 

 

 

 

 

Property and equipment

 

 

(850,365

)

 

 

(621,561

)

Other

 

 

(1,859

)

 

 

(2,383

)

Deferred tax liabilities

 

 

(852,224

)

 

 

(623,944

)

Net deferred tax liability

 

$

(437,098

)

 

$

(345,116

)

 

The difference between the customary rate of 21.0% and the effective tax rate on income (losses) is due to the following:

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

 

 

(In thousands)

 

Tax at statutory rate

 

$

106,834

 

 

$

(77,244

)

 

$

51,868

 

Tax effect of:

 

 

 

 

 

 

 

 

 

Tax credits:

 

 

 

 

 

 

 

 

 

Research and development

 

 

(10,334

)

 

 

(32,414

)

 

 

 

Other income tax credits

 

 

(3,024

)

 

 

(1,586

)

 

 

 

Valuation allowance on deferred tax assets

 

 

 

 

 

(779

)

 

 

(968

)

State income taxes, net of federal benefit (1)

 

 

(2,479

)

 

 

(36,884

)

 

 

(11,881

)

Other

 

 

(2,464

)

 

 

(168

)

 

 

(3,924

)

Total

 

$

88,533

 

 

$

(149,075

)

 

$

35,095

 

 

 

 

Year Ended December 31,

 

 

 

2025

 

 

2024

 

 

2023

 

Tax at statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

Tax effect of:

 

 

 

 

 

 

 

 

 

Tax credits:

 

 

 

 

 

 

 

 

 

Research and development

 

 

(2.0

)

 

 

8.8

 

 

 

 

Other income tax credits

 

 

(0.6

)

 

 

0.4

 

 

 

 

Valuation allowance on deferred tax assets

 

 

 

 

 

0.2

 

 

 

(0.4

)

State income taxes, net of federal benefit (1)

 

 

(0.5

)

 

 

10.0

 

 

 

(4.8

)

Other

 

 

(0.5

)

 

 

0.1

 

 

 

(1.6

)

Effective tax rate

 

 

17.4

%

 

 

40.5

%

 

 

14.2

%

 

(1)
State taxes in Texas and Louisiana contributed to the tax effect of this category.

At December 31, 2025, Comstock had the following carryforwards available to reduce future income taxes:

Types of Carryforward

 

Years of
Expiration
Carryforward

 

Amount

 

 

 

 

 

(In thousands)

 

Net operating loss – U.S. federal

 

2026-2037

 

$

740,631

 

Net operating loss – U.S. federal

 

Unlimited

 

$

634,990

 

Net operating loss – State

 

Unlimited

 

$

1,807,981

 

Interest expense – U.S. federal

 

Unlimited

 

$

818,854

 

Interest expense – State

 

Unlimited

 

$

874,763

 

Research and development tax credits – U.S. federal

 

2045-2046

 

$

17,653

 

Research and development tax credits – State

 

2043-2046

 

$

11,035

 

The Company's ability to use net operating losses ("NOLs") generated before its ownership change in 2018 to reduce taxable income is limited under IRC Section 382. NOLs that exceed the Section 382 limitation in any year continue to be allowed as carry forwards until they expire and can be used to offset taxable income for years within the carryover period subject to the limitation in each year. U.S. federal NOLs incurred prior to 2018 generally have a 20-year life until they expire. NOLs generated in 2018 and after would be carried forward indefinitely. NOLs arising after the date of an ownership change are not affected by the 382 limitation. If the Company does not generate a sufficient level of taxable income prior to the expiration of the pre-2018 NOL carry-forward periods, then it will lose the ability to apply those NOLs as offsets to future taxable income. The Company estimates that all of the U.S. federal NOL carryforwards expiring in 2037 and $1.2 billion of the estimated state NOL carryforwards will expire unused.

The Company's federal income tax returns for the years subsequent to December 31, 2021 remain subject to examination, with the Company's 2022 and 2023 federal income tax returns currently under examination with the United States Internal Revenue Service. The Company's income tax returns in major state income tax jurisdictions remain subject to examination for various periods subsequent to December 31, 2022. The Company is also currently under examination with the state of Louisiana. In both the federal and state examinations, the Company believes that its significant filing positions will be sustained under audit or the final resolution will not have a material effect on the consolidated financial statements. Therefore, the Company has not established any significant reserves for uncertain tax positions.

In July 2025, the One Big Beautiful Bill Act ("OBBBA") was signed into United States federal law. The Company is benefiting from certain provisions contained in the OBBBA, including increased interest expense deductions and bonus depreciation and has included these benefits in its income tax provision for the year ended December 31, 2025.

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Historical Timeline

Fiscal YearFiled
2025Feb 19, 2026Showing above
2024Feb 21, 2025
2023Feb 16, 2024
2022Feb 17, 2023
2021Feb 17, 2022
2020Feb 17, 2021
2019Mar 2, 2020
2018Mar 1, 2019
2017Feb 27, 2018
2016Feb 24, 2017
2015Feb 26, 2016

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.