INCOME TAXES. (Tables)
|
12 Months Ended |
Dec. 31, 2018 |
| Income Tax Disclosure [Abstract] |
|
| Schedule of provision for income taxes |
The
Company recorded a provision (benefit) for income taxes as follows (in thousands):
| |
|
Years
Ended December 31, |
|
| |
|
2018 |
|
|
2017 |
|
|
2016 |
|
| Current
provision (benefit) |
|
$ |
(589 |
) |
|
$ |
(490 |
) |
|
$ |
141 |
|
| Deferred
provision (benefit) |
|
|
27 |
|
|
|
169 |
|
|
|
(1,122 |
) |
| Total |
|
$ |
(562 |
) |
|
$ |
(321 |
) |
|
$ |
(981 |
) |
|
| Schedule of reconciliation of effective tax rate |
A
reconciliation of the differences between the United States statutory federal income tax rate and the effective tax rate as provided
in the consolidated statements of operations is as follows:
| |
|
Years
Ended December 31, |
|
| |
|
2018 |
|
|
2017 |
|
|
2016 |
|
| Statutory
rate |
|
|
21.0 |
% |
|
|
35.0 |
% |
|
|
35.0 |
% |
| State income taxes,
net of federal benefit |
|
|
5.4 |
|
|
|
4.0 |
|
|
|
6.4 |
|
| Change in valuation
allowance |
|
|
(20.3 |
) |
|
|
(34.5 |
) |
|
|
(298.8 |
) |
| Impact of Federal tax
rate change on deferred taxes |
|
|
— |
|
|
|
(28.4 |
) |
|
|
— |
|
| Impact of Federal tax
rate change on valuation allowance |
|
|
— |
|
|
|
29.4 |
|
|
|
— |
|
| Fair value adjustments
and warrant inducements |
|
|
— |
|
|
|
0.4 |
|
|
|
37.2 |
|
| Noncontrolling interest |
|
|
(3.0 |
) |
|
|
(3.2 |
) |
|
|
— |
|
| Stock compensation |
|
|
— |
|
|
|
(0.1 |
) |
|
|
58.8 |
|
| Non-deductible items |
|
|
(0.7 |
) |
|
|
(0.2 |
) |
|
|
8.9 |
|
| Other |
|
|
(1.6 |
) |
|
|
(1.6 |
) |
|
|
(27.5 |
) |
| Effective
rate |
|
|
0.8 |
% |
|
|
0.8 |
% |
|
|
(180.0 |
)% |
|
| Schedule of components of deferred income taxes |
The
components of deferred income taxes included in the consolidated balance sheets were as follows (in thousands):
| |
|
December
31, |
|
| |
|
2018 |
|
|
2017 |
|
| Deferred
tax assets: |
|
|
|
|
|
|
|
|
| Net
operating loss carryforwards |
|
$ |
48,082 |
|
|
$ |
40,989 |
|
| R&D,
energy and AMT credits |
|
|
4,247 |
|
|
|
1,797 |
|
| Disallowed
interest |
|
|
3,769 |
|
|
|
— |
|
| Railcar
contracts |
|
|
650 |
|
|
|
1,415 |
|
| Stock-based
compensation |
|
|
782 |
|
|
|
738 |
|
| Allowance
for doubtful accounts and other assets |
|
|
643 |
|
|
|
637 |
|
| Derivatives |
|
|
1,214 |
|
|
|
267 |
|
| Pension
liability |
|
|
2,941 |
|
|
|
2,939 |
|
| Other |
|
|
2,134 |
|
|
|
2,097 |
|
| Total
deferred tax assets |
|
|
64,462 |
|
|
|
50,879 |
|
| |
|
|
|
|
|
|
|
|
| Deferred
tax liabilities: |
|
|
|
|
|
|
|
|
| Property
and equipment |
|
|
(23,013 |
) |
|
|
(25,194 |
) |
| Intangibles |
|
|
(749 |
) |
|
|
(749 |
) |
| Other |
|
|
(363 |
) |
|
|
(521 |
) |
| Total
deferred tax liabilities |
|
|
(24,125 |
) |
|
|
(26,464 |
) |
| |
|
|
|
|
|
|
|
|
| Valuation
allowance |
|
|
(40,588 |
) |
|
|
(24,639 |
) |
| Net
deferred tax liabilities, included in other liabilities |
|
$ |
(251 |
) |
|
$ |
(224 |
) |
|
| Schedule of net operating loss carryforwards |
These
net operating loss carryforwards expire as follows (in thousands):
| Tax Years |
|
Federal |
|
|
State |
|
| 2019–2023 |
|
$ |
— |
|
|
$ |
— |
|
| 2024–2028 |
|
|
12,256 |
|
|
|
20,217 |
|
| 2029–2033 |
|
|
98,360 |
|
|
|
49,947 |
|
| 2034 and after |
|
|
40,955 |
|
|
|
95,868 |
|
| Non-expiring NOLs |
|
|
31,641 |
|
|
|
— |
|
| Total NOLs |
|
$ |
183,212 |
|
|
$ |
166,032 |
|
Certain
of these net operating losses are not immediately available, but become available to be utilized in each of the years ended December
31, as follows (in thousands):
| Year |
|
Federal |
|
|
State |
|
| 2019 |
|
$ |
94,739 |
|
|
$ |
108,956 |
|
| 2020 |
|
|
6,374 |
|
|
|
5,345 |
|
| 2021 |
|
|
6,308 |
|
|
|
5,318 |
|
| 2022 |
|
|
6,308 |
|
|
|
5,318 |
|
| 2023 |
|
|
6,308 |
|
|
|
5,318 |
|
|
| Schedule of income tax in the United States jurisdiction and various state jurisdictions |
These
jurisdictions, along with the years still open to audit under the applicable statutes of limitation, are as follows:
| Jurisdiction |
|
Tax
Years |
| |
|
|
| Federal |
|
2015 – 2017 |
| Arizona |
|
2015 – 2017 |
| California |
|
2014 – 2017 |
| Colorado |
|
2014 – 2017 |
| Idaho |
|
2015 – 2017 |
| Illinois |
|
2014 – 2017 |
| Indiana |
|
2015 – 2017 |
| Iowa |
|
2015 – 2017 |
| Kansas |
|
2015 – 2017 |
| Minnesota |
|
2015 – 2017 |
| Missouri |
|
2015 – 2017 |
| Nebraska |
|
2015 – 2017 |
| Oklahoma |
|
2015 – 2017 |
| Oregon |
|
2015 – 2017 |
| Texas |
|
2014 – 2017 |
|