Income Taxes
We file a consolidated federal income tax return, consolidated unitary returns in certain states, other separate state income tax returns for certain of our subsidiary companies, and applicable foreign returns.
The components of income (loss) for operations before income taxes consisted of the following:
For the years ended December 31,
(in thousands)202520242023
Domestic $(121,691)$207,784 $(962,902)
Foreign2,189 2,197 (4,609)
Total$(119,502)$209,981 $(967,511)
The provision for income taxes from operations consisted of the following:
 For the years ended December 31,
(in thousands)202520242023
Current:   
Federal$4,580 $64,533 $34,205 
State and local5,363 11,644 8,010 
Foreign263 1,053 — 
Total current income tax provision10,206 77,230 42,215 
Deferred:   
Federal(24,151)(14,663)(53,476)
State and local(4,527)1,222 (7,278)
Foreign(153)(26)(1,188)
Total deferred income tax provision(28,831)(13,467)(61,942)
Provision (benefit) for income taxes$(18,625)$63,763 $(19,727)

The difference between the statutory rate for federal income tax and the effective income tax rate was as follows:
For the years ended December 31,
(in thousands)202520242023
U.S. federal statutory rate$(25,095)21.0 %$44,096 21.0 %$(203,177)21.0 %
State and local income taxes, net of federal income tax effect *(389)0.3 9,025 4.2 (1,258)0.1 
Foreign tax effects(350)0.3 565 0.3 (220)— 
Nontaxable or non-deductible items:
Non-deductible goodwill impairment— — — — 179,630 (18.6)
Equity compensation tax windfall/shortfall deduction2,614 (2.2)3,157 1.5 1,507 (0.2)
Non-deductible executive compensation761 (0.6)2,373 1.1 995 (0.1)
Other non-deductible expenses1,106 (0.9)755 0.4 771 — 
Changes in unrecognized tax benefits251 (0.2)2,016 1.0 334 — 
Other adjustments:
Federal accrued interest on deferred gain1,700 (1.4)1,802 0.9 1,514 (0.2)
Other777 (0.7)(26)— 177 — 
Effective income tax rate$(18,625)15.6 %$63,763 30.4 %$(19,727)2.0 %
* The states that contribute to the majority (greater than 50%) of the tax effect in this category include Michigan for 2025, California, Michigan, Florida, Texas, Montana and Arizona for 2024 and Georgia, Michigan, Texas, Cincinnati, Ohio, Arizona, Indiana, Colorado, Wisconsin, Tennessee, New York, Connecticut, Louisiana, Kentucky, Montana, California, Oklahoma and Philadelphia, Pennsylvania for 2023.

In 2023, a non-deductible expense of $855 million was recorded related to book impairment of goodwill.
The components of cash paid for income taxes, net of refunds received, was as follows:
For the years ended December 31,
(in thousands)202520242023
Federal$10,000 $62,991 $31,200 
State:
Florida— — (5,421)
Other3,323 8,820 5,342 
Foreign — — — 
Income taxes paid, net of refunds received$13,323 $71,811 $31,121 

The approximate effect of the temporary differences giving rise to deferred income tax assets (liabilities) were as follows:
 As of December 31,
(in thousands)20252024
Temporary differences: 
Property and equipment$(40,219)$(38,383)
Goodwill and other intangible assets(381,863)(377,291)
Investments, primarily gains and losses not yet recognized for tax purposes2,381 4,980 
Accrued expenses not deductible until paid10,494 11,912 
Deferred compensation and retiree benefits not deductible until paid26,526 29,013 
Operating lease right-of-use assets(31,107)(29,829)
Operating lease liabilities35,170 32,888 
Interest limitation carryforward79,251 59,070 
Other temporary differences, net15,846 12,599 
Total temporary differences(283,521)(295,041)
Federal and state net operating loss carryforwards27,359 12,332 
Valuation allowance for state deferred tax assets(12,067)(10,880)
Net deferred tax liability$(268,229)$(293,589)

The Company has a federal operating loss carryforward of $62 million and state operating loss carryforwards of $322 million at December 31, 2025. Our state tax loss carryforwards expire through 2044. Because we file separate state income tax returns for certain of our subsidiary companies, we are not able to use state tax losses of a subsidiary company to offset state taxable income of another subsidiary company.

The Company recognizes federal and state net operating loss carryforwards as deferred tax assets, subject to valuation allowances. At each balance sheet date, we estimate the amount of carryforwards that are not expected to be used prior to expiration of the carryforward period. The tax effect of the carryforwards that are not expected to be used prior to their expiration is included in the valuation allowance.

The Company has not provided for income taxes, including withholding tax, U.S. state taxes, or tax on foreign exchange rate changes, associated with the undistributed earnings of our non-U.S. subsidiaries because we plan to indefinitely reinvest the unremitted earnings in these entities.
A reconciliation of the beginning and ending balances of the total amounts of gross unrecognized tax benefits is as follows:
 For the years ended December 31,
(in thousands)202520242023
Gross unrecognized tax benefits at beginning of year$28,099 $15,030 $12,124 
Increases in tax positions for prior years1,184 6,055 3,321 
Decreases in tax positions for prior years(788)(217)(2)
Increases in tax positions for current year7,152 7,483 257 
Decreases from lapse in statute of limitations(1,992)(252)(670)
Decreases due to settlements with taxing authorities(26)— — 
Gross unrecognized tax benefits at end of year$33,629 $28,099 $15,030 

The total amount of net unrecognized tax benefits that, if recognized, would affect the effective tax rate was $12.4 million at December 31, 2025. We accrue interest and penalties related to unrecognized tax benefits in our provision for income taxes. At December 31, 2025 and 2024, we had accrued interest related to unrecognized tax benefits of $4.9 million and $3.4 million, respectively, and penalties of $1.7 million and $1.3 million, respectively.
We file income tax returns in the U.S., Canada and in various state and local jurisdictions. We are routinely examined by tax authorities in these jurisdictions. At December 31, 2025, we are no longer subject to federal income tax examinations for years prior to 2022. For state and local jurisdictions, we are generally no longer subject to income tax examinations for years prior to 2021.

Historical Timeline

Fiscal YearFiled
2025Feb 27, 2026Showing above
2024Mar 12, 2025
2023Feb 23, 2024
2022Feb 24, 2023
2021Feb 25, 2022
2020Feb 26, 2021
2019Feb 28, 2020
2018Mar 1, 2019
2017Feb 28, 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.