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FORM 10-K FOR FISCAL YEAR ENDED DECEMBER 31, 2006


NOTES TO CONSOLIDATED FINANCIAL STATEMENTS

3. Provision for Income Taxes

 

Income before taxes is as follows:

 

Year Ended December 31,

(in thousands)

2006 2005 2004

----------------------

----------------------

----------------------

United States

$247,645

$155,863

$86,001

Foreign

14,641

22,577

15,439

----------------------

----------------------

----------------------

Total

$262,286

$178,440

$101,440

===========

===========

===========

 

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

Year Ended December 31,

(in thousands)


2006 2005 2004
------------------- ------------------- -------------------
Current:      
  Domestic $      2,860 $      644 $      469
------------------- ------------------- -------------------
Deferred:
  Domestic 94,375 57,605 31,138
  Foreign 3,486 4,412 1,382
------------------- ------------------- -------------------
Total Deferred 97,861 62,017 32,520
------------------- ------------------- -------------------
Total $ 100,721 $ 62,661 $ 32,989
========= ========= =========

 

Reconciliations of income taxes computed using the U.S. Federal statutory rate to the effective income tax rates are as follows:

(in thousands)

2006 2005 2004
------------ ------------ ------------
Income taxes computed at U.S. statutory rate (35%) $91,800 $62,454 $35,504
State tax provisions, net of federal benefits 3,921 2,145 1,140
Effect of foreign operations (293) (452) (309)
Currency exchange impact on foreign tax calculation (1,346) (2,769) (2,516)
Cumulative impact of adjustments to net state income tax rate 1,547 1,008 859
Valuation allowance 3,200 --- ---
Other, net 1,892 275 (1,689)
------------ ------------ ------------
Provision for income taxes $100,721 $62,661 $32,989
=========== =========== ===========
Effective rate 38.4% 35.1% 32.5%

 

The primary upward adjustment in the effective tax rate above the U.S. statutory rate is the provision for state income taxes (computed net of the offsetting federal benefit), which were $3.9, million, $2.1 million and $1.1 million for 2006, 2005, and 2004, respectively. In 2006 the Company recorded a valuation allowance of $3.2 million discussed further below. Additionally, the Company recorded adjustments to the cumulative state deferred tax liability in the amounts of $1.5 million, $1.0 million, and $0.9 million for 2006, 2005, and 2004, respectively.

Favorable adjustments are primarily attributable to currency exchange impact on foreign operations. The Company’s New Zealand subsidiaries use the U.S. Dollar as their functional currency for financial reporting purposes, but income taxes are calculated from New Zealand Dollar financial statements and re-measured into U.S. Dollars. Volatility in exchange rates creates variable results when computing income in different currencies In aggregate, the Company recognized foreign exchange benefits to tax expense in the amounts of $1.3 million, $2.8 million, and $2.5 million for 2006, 2005, and 2004, respectively.

The New Zealand statutory rate is 33%, which resulted in differences of $0.3 million, $0.5 million, and $0.3 million for 2006, 2005, and 2004 respectively vs. the U.S. statutory rate. The Company does not compute a provision for U.S. taxes on the undistributed earnings of our New Zealand subsidiaries as management has plans to reinvest such earnings outside of the United States indefinitely. As of December 31, 2006, the undistributed earnings of foreign subsidiaries are approximately $58.5 million. If, in the future, these earnings are distributed into the U.S. in the form of dividends or otherwise, we may be subject to U.S. income taxes and New Zealand withholding taxes. It is not practical, however, to estimate the amount of taxes that may be payable if such remittances occur. Presently, there are no foreign tax credits available to reduce the U.S. taxes on such amounts if repatriated.

The tax effects of temporary differences representing the net deferred tax liability (asset) at December 31, 2006 and 2005 were as follows (in thousands):

 

2006 2005
Current deferred tax assets:
     Carryover items net of valuation allowance (Domestic)

$2,383

$0

-------------- --------------
Non-Current deferred tax assets:
     Alternative minimum tax credits (Domestic)

$(2,202)

$(3,201)

     Carryover items (Domestic)

(2,648)

(38,119)

     Acquired deferred tax asset (Foreign)

(1,204)

(2,408)

     Carryover Items (Foreign)

(55,197)

(46,089)

     Unrealized stock compensation

(2,680)

(575)

     Other (Domestic)

(325)

(309)

-------------- --------------
          Total deferred tax assets

$(64,256)

$(90,701)

-------------- --------------
Non-Current deferred tax liabilities:
     Domestic oil and gas exploration and development costs

$224,580

$167,088

     Foreign oil and gas exploration and development costs

63,254

51,863

     Other (Domestic)

1,389

1,057

-------------- --------------
          Total deferred tax liabilities

$289,223

$220,008

-------------- --------------
Net Non-Current deferred tax liabilities

$224,967

$129,307

========== ==========

 

The total change in the net non-current deferred liability from 2005 to 2006 was $95.7 million. Increases in the liability were attributable to deferred tax expense of $97.9 million, reclassification of a carryover item to current assets of $2.4 million and $0.2 million for other adjustments. Reductions were made to the net liability for the tax benefit of stock compensation deductions of $4.8 million, which are recorded as additions to paid-in-capital.

The primary non-current deferred tax asset is $55.2 million for foreign carryover items. This is attributable to cumulative New Zealand net operating losses of $167.3 million. New Zealand tax net operating losses do not expire.

Other non-current deferred tax assets include $2.7 million for unrealized stock compensation, $2.6 million for State of Louisiana net operating loss carryovers, $2.2 million for U.S. Federal alternative minimum tax credits, and $1.5 million for other items. The unrealized stock compensation is attributable to stock compensation expenses accrued for employee stock options and restricted stock that is not realized for income tax purposes until exercise (for stock options) or vesting (for restricted stock). The actual tax deduction realized may be significantly different than the accrued amounts depending on the market value of the stock on the date of exercise or vesting. The Louisiana net operating loss carryforwards are scheduled to expire between 2013 and 2019. The alternative minimum tax credits carryforward indefinitely. These credits are available to reduce future regular tax liability to the extent they exceed the alternative minimum tax otherwise due.

The Company has not recorded any valuation allowance against any of the non-current deferred tax assets as management estimates that it is more likely than not that these assets will be fully utilized in future periods before any applicable expiration dates. Significant changes in estimates caused by changes in oil and gas prices, production levels, capital expenditures, and other variables could impact the Company’s ability to utilize the carryover amounts.

The current deferred tax asset of $2.4 million is for capital loss carryforward assets of $6.1 million, offset by a valuation allowance of $3.7 million (an increase of $3.2 million in 2006). The increase in the valuation allowance is due to changes in the Company’s property disposition plans. Management expects to realize the net tax asset from a property disposition planned for 2007.

 

 
 

 

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