Income Taxes
The Company files a consolidated U.S. federal income tax return and various state income tax returns. The provision for the federal and state income taxes attributable to (loss) income from continuing operations consisted of the following components:
Years Ended December 31,
(in thousands)202520242023
Current expense (benefit)
Federal taxes$(110)$— $(2,707)
State taxes660 89 (680)
Total current provision550 89 (3,387)
Deferred (benefit) expense
Federal taxes(7,032)(5,238)4,564 
State taxes(2,431)(4,521)(676)
Total deferred (benefit) expense(9,463)(9,759)3,888 
Income tax (benefit) expense$(8,913)$(9,670)$501 
Effective tax rate21.3 %25.4 %33.0 %

As further described in Note 2, Summary of Significant Accounting Policies , the Company has elected to prospectively adopt the guidance in ASU No. 2023-09. The following table is a reconciliation of income tax (benefit) expense determined by applying the federal and state tax rates to (loss) income from continuing operations before income taxes for the year ended December 31, 2025:
(in thousands)AmountPercent
Expected tax (benefit) expense at federal statutory$(8,790)21.0 %
State income tax (benefit) expense, net of federal tax effect1
(1,399)3.3 %
Nontaxable and nondeductible items:
Excess tax deficiency from share-based compensation1,142 (2.7)%
Other
134 (0.3)%
Income tax (benefit) expense$(8,913)21.3 %

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1.For the year ended December 31, 2025, Virginia made up greater than 50% of the state income taxes in this category.

A reconciliation of income tax (benefit) expense determined by applying the federal and state tax rates to (loss) income from continuing operations before income taxes for the years ended December 31, 2024 and 2023, is as follows:
 Years Ended December 31,
(in thousands)20242023
Expected tax (benefit) expense at federal statutory$(7,986)$319 
State income tax (benefit) expense, net of federal tax effect(3,159)268 
Revaluation of deferred tax liabilities— (1,373)
Excess tax deficiency from share-based compensation and other expense, net1,475 764 
Valuation allowance— 523 
Income tax (benefit) expense$(9,670)$501 

The following table presents income taxes paid (net of refunds received) by jurisdiction pursuant to the disclosure requirements of ASU 2023-09 for the year ended December 31, 2025:
(in thousands)
Income Taxes Paid
Federal$936 
US state and local
Pennsylvania930 
Virginia120 
Other64 
Total$2,050 

The Company received $1.3 million and $25.6 million in cash refunds for income taxes for the years ended December 31, 2024 and 2023, respectively. The Company paid $8.4 million, and $0.1 million in income taxes for the years ended December 31, 2024 and 2023, respectively.

Deferred tax assets and liabilities are measured using enacted tax rates that are expected to apply in the year of reversal or settlement and arise from temporary differences between the US GAAP and tax bases of the following assets and liabilities:
(in thousands)December 31,
2025
December 31,
2024
Deferred tax assets:
Net operating loss carryforwards$117,691 $64,599 
Business interest limitation carryforwards15,659 11,669 
Accruals and stock-based compensation4,552 5,274 
Leases4,395 4,399 
Other12,575 12,020 
Total gross deferred tax assets154,872 97,961 
Less valuation allowance— — 
Net deferred tax assets154,872 97,961 
Deferred tax liabilities:
Property, plant and equipment285,250 239,180 
Intangible assets18,386 17,866 
Leases5,406 5,356 
Prepaid assets and other3,448 3,275 
Total gross deferred tax liabilities312,490 265,677 
Net deferred tax liabilities$157,618 $167,716 

The Company has a deferred tax asset of $117.7 million related to federal and various state net operating losses. As of December 31, 2025, the Company had approximately $519.7 million of federal net operating losses, including approximately $508.3 million of federal net operating losses generated after 2017. Federal net operating losses generated prior to 2018 expire through 2034. The Horizon federal net operating losses are subject to limitations under Section 382 of the Code. The Company also had approximately $187.3 million of state net operating losses, most of which can be carried forward indefinitely. The
Company’s income tax expense (benefit) for the year ended December 31, 2023 included tax expense of $0.5 million for the valuation allowance on deferred tax assets related to federal net operating losses expected to expire unused. The Company recorded no valuation allowances for the year ended December 31, 2025 and 2024.

As of December 31, 2025 and 2024, the Company had no unrecognized tax benefits. 

The Company’s returns are generally open to examination from 2022 forward. The net operating losses acquired from Horizon are open to examination from 2013 forward. The Company is currently involved in one state income tax audit and no federal income tax audits as of December 31, 2025.

On July 4, 2025, H.R.1 was signed into law and includes numerous changes to existing tax law, including provisions providing current deductibility of certain property additions and limitations on interest deductions based on a tax EBITDA framework. These provisions are generally effective beginning in 2025, and we currently anticipate they will partially defer our income tax payments in future years. The legislation did not have a material impact on the Company’s effective tax rate for the year ended December 31, 2025.

Historical Timeline

Fiscal YearFiled
2025Feb 26, 2026Showing above
2024Feb 20, 2025
2023Feb 21, 2024
2022Feb 22, 2023
2021Feb 28, 2022
2020Feb 25, 2021
2019Feb 26, 2020
2018Feb 28, 2019
2017Mar 15, 2018
2016Mar 23, 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.