Income Taxes
Income (loss) before income taxes is summarized as follows:
Year Ended December 31,
(in thousands)202520242023
United States operations$164,017 $(261,147)$(232,512)
Foreign and U.S. territory operations40,491 88,139 49,958 
Total$204,508 $(173,008)$(182,554)
The income tax expense (benefit) is as follows:
Year Ended December 31,
(in thousands)202520242023
Current expense (benefit):
Federal$(3,661)$8,832 $(178)
State9,856 3,997 1,888 
Foreign and U.S. territories8,371 14,510 8,153 
Total current expense:14,566 27,339 9,863 
Deferred expense (benefit):
Federal44,735 (51,758)(48,634)
State4,648 (24,862)(17,612)
Foreign and U.S. territories(2,522)(1,388)1,426 
Total deferred expense (benefit):46,861 (78,008)(64,820)
Total expense (benefit):$61,427 $(50,669)$(54,957)
The Company adopted ASU 2023-09 on a prospective basis beginning December 31, 2025. The following table presents the required disclosure pursuant to ASU 2023-09 and is a reconciliation of the Company's income tax expense at the statutory federal tax rate to the Company's effective tax rate for the year ended December 31, 2025:
Year Ended December 31,
2025
(dollars in thousands)AmountRate
Federal income tax benefit at statutory tax rate$42,947 21.0 %
State income taxes, net of federal tax benefit(a)
11,563 5.7 
Foreign tax effects:
Canada:
Statutory tax rate differential(1,547)(0.8)
Noncontrolling interests3,780 1.8 
Other(1,244)(0.6)
  Commonwealth of the Northern Marianas Islands:
    Gross receipts tax credit(4,069)(2.0)
  Other(183)(0.1)
Effects of cross-border tax laws:
Foreign branch income or loss (net of foreign tax credits)(5,451)(2.7)
Foreign flow-through income or loss2,298 1.1 
Other47 — 
Tax credits:
  Research and development tax credits(8,216)(4.0)
  Other(6)— 
Changes in valuation allowances1,782 0.9 
Nontaxable or nondeductible items:
  Officers' compensation32,576 15.9 
  Noncontrolling interests(15,949)(7.8)
  Other1,947 1.0 
Changes in unrecognized tax benefits1,041 0.5 
Other111 0.1 
Income tax expense$61,427 30.0 %
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(a)State taxes in California contributed to the majority (greater than 50%) of the tax effect in this category.
The following table presents the required disclosures prior to the adoption of ASU 2023-09 and is a reconciliation of the Company's income tax benefit at the statutory federal tax rate to the Company's effective tax rate for the years ended December 31, 2024 and 2023:
Year Ended December 31,
20242023
(dollars in thousands)AmountRateAmountRate
Federal income tax benefit at statutory tax rate$(36,332)21.0 %$(38,336)21.0 %
State income taxes, net of federal tax benefit(16,591)9.6 (10,556)5.8 
Share-based compensation
1,122 (0.6)446 (0.2)
Officers' compensation9,825 (5.7)5,129 (2.8)
Noncontrolling interests(9,892)5.7 (9,795)5.4 
Federal R&D credits(750)0.4 (493)0.3 
Foreign tax rate differences(422)0.2 (297)0.2 
Valuation allowance3,968 (2.3)347 (0.2)
Other(1,597)1.0 (1,402)0.6 
Income tax benefit$(50,669)29.3 %$(54,957)30.1 %
Cash paid for income taxes (net of refunds received) by jurisdiction pursuant to the disclosure requirements of ASU 2023-09 for the year ended December 31, 2025 is as follows:
Year Ended December 31,
(in thousands)2025
Federal $(2,116)
State and local:
California6,804 
Virginia709 
New York City532 
Pennsylvania(655)
New York(869)
Other state and local jurisdictions(315)
Total state and local6,206 
Foreign and U.S. territories:
Guam7,450 
Commonwealth of the Northern Marianas Islands900 
Puerto Rico559 
Canada(4,303)
Other foreign and U.S. territory jurisdictions
Total foreign and U.S. territories
4,615 
Total $8,705 
The following is a summary of the significant components of the deferred tax assets and liabilities:
As of December 31,
(in thousands)20252024
Deferred tax assets:
Timing of expense recognition$67,606 $78,892 
Net operating losses117,475 144,148 
Joint ventures
9,395 12,571 
Lease liabilities
14,927 12,067 
Other, net24,326 29,001 
Deferred tax assets233,729 276,679 
Valuation allowance(15,789)(14,014)
Net deferred tax assets217,940 262,665 
Deferred tax liabilities:
Goodwill(11,014)(3,969)
Intangible assets, due primarily to purchase accounting(15,291)(16,786)
Fixed assets(56,865)(53,382)
Construction contract accounting(3,246)(7,212)
Joint ventures(15,653)(23,079)
Right-of-use assets
(13,573)(10,992)
Other(5,725)(3,956)
Deferred tax liabilities(121,367)(119,376)
Net deferred tax assets$96,573 $143,289 
As of December 31, 2025, the Company had federal and various state net operating loss carryforwards of $286.1 million and $777.3 million, respectively. Federal net operating loss carryforwards do not have expiration dates, whereas the state net operating loss carryforwards have expiration dates ranging from 2026 to indefinite periods. As of December 31, 2024, the Company had federal and various state net operating loss carryforwards of $427.9 million and $793.6 million, respectively. As of December 31, 2025, the Company had federal and state tax credit carryforwards of approximately $11.0 million and $2.3 million, respectively. As of December 31, 2024, the Company had federal and state tax credit carryforwards of approximately $3.1 million and $4.8 million, respectively. The Company established a valuation allowance in 2025, 2024 and 2023 as a result of the uncertainty with the future realization of certain carryforwards for capital losses, foreign tax credits and state net operating losses.
The net deferred tax assets are presented in the Consolidated Balance Sheets as follows:
As of December 31,
(in thousands)20252024
Deferred tax assets$96,573 $143,289 
Deferred tax liabilities— — 
Net deferred tax assets$96,573 $143,289 
The Company’s policy is to record interest and penalties on unrecognized tax benefits as an element of income tax expense. The cumulative amounts related to interest and penalties are added to the total unrecognized tax liabilities on the balance sheet. The total amount of gross unrecognized tax benefits as of December 31, 2025 that, if recognized, would impact the effective tax rate is $5.3 million. These changes are not expected to have a material impact to the effective tax rate.
The Company accounts for its uncertain tax positions in accordance with GAAP. The following is a reconciliation of the beginning and ending amounts of these unrecognized tax benefits for the three years ended December 31:
As of December 31,
(in thousands)202520242023
Beginning balance$16,868 $4,773 $7,525 
Change in tax positions of prior years594 6,756 438 
Change in tax positions of current year2,511 6,385 (189)
Reduction in tax positions due to settlement with tax authorities(7,645)— — 
Reduction in tax positions for statute expirations(1,096)(1,046)(3,001)
Ending balance$11,232 $16,868 $4,773 
The Company conducts business internationally and, as a result, one or more of its subsidiaries files income tax returns in U.S. federal, U.S. state and certain foreign jurisdictions. Accordingly, in the normal course of business, the Company is subject to examination by taxing authorities principally throughout the United States, Guam and Canada. The Company's open tax years for a U.S. federal income tax audit are 2018 and later. The 2018 and 2019 federal income tax returns are currently under audit by the Internal Revenue Service. The Company has various years open to audit in a number of state and local jurisdictions and is currently under audit by various state and local taxing authorities.

Historical Timeline

Fiscal YearFiled
2025Feb 26, 2026Showing above
2024Feb 27, 2025
2023Feb 28, 2024
2022Mar 15, 2023
2021Feb 24, 2022
2020Feb 24, 2021
2019Feb 26, 2020
2018Feb 27, 2019
2017Feb 27, 2018
2016Feb 23, 2017
2015Feb 29, 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.