Notes Nine: INCOME TAXESThe provision for
income taxes included the following for the years
ended November 30:
| (In thousands) |
2005
| 2004
| 2003 |
|
| Current |
| Federal |
$4,071 |
$(261) |
$11,059 |
| Foreign |
5,265 |
5,393 |
5,445 |
| State |
958 |
(567) |
2,118 |
| |
|
| |
10,294 |
4,565 |
18,622 |
| Deferred |
|
|
|
| Federal |
3,460 |
3,160 |
(3,977) |
| Foreign |
(51) |
(162) |
20 |
| State |
767 |
443 |
(648) |
| |
|
| |
4,176 |
3,441 |
(4,605) |
| |
|
| |
$14,470 |
$8,006 |
$14,017 |
|
|
Deferred income tax
assets and (liabilities) consisted of the following as of November 30:
| (In thousands) |
2005 |
2004 |
|
| Current deferred income taxes |
|
|
| Self-insurance/claims reserves |
11,516 |
12,089 |
| Inventories |
5,278 |
4,352 |
| Employee benefits |
3,350 |
2,026 |
| Accounts receivable |
1,164 |
1,266 |
| Valuation allowance |
(2,763) |
(1,760) |
| Other |
(947) |
(2,627) |
| |
|
| Net current deferred income tax assets |
17,598 |
15,526 |
| |
|
| Noncurrent deferred income taxes |
|
|
| Net operating loss carry-overs |
$ 19,084 |
$ 16,027 |
| Prepaid pension benefit costs |
13,797 |
15,547 |
| Employee benefits |
860 |
10,524 |
| Investments |
3,255 |
3,107 |
| Valuation allowances |
(19,560) |
(24,324) |
| Property, plant and equipment |
(16,524) |
(17,404) |
| Other |
(769) |
(596) |
| |
|
| Net noncurrent deferred income tax assets (liabilities) |
143 |
2,881 |
| |
|
|
| |
|
| Net deferred income tax assets |
$ 17,741 |
$ 18,407 |
|
|
As of November 30, 2005, the Company had foreign net operating loss
carry-overs of approximately $57,800,000. A full valuation allowance
has been provided against these net operating losses. The balance of
the valuation allowance applies to certain foreign deferred tax assets
and certain other deferred tax assets that will likely not result in a tax
benefit. Approximately $6,500,000 of the net decrease in valuation
allowances was due to a decrease related to executive compensation
deductions (primarily due to the write-off of the related deferred tax
asset), offset by an increase in foreign net operating loss carry-overs
and other foreign deferred tax assets for which no benefit has been
recognized.
The tax provision represents effective tax rates of 38%, 75% and 32% NOTE 11
of income before income taxes for the years ended November 30,
2005, 2004 and 2003, respectively. A reconciliation of income taxes
provided at the effective income tax rate and the amount computed at
the federal statutory income tax rate of 35% is as follows for the year
ended November 30:
| (In thousands) |
2005 |
2004 |
2003 |
| Domestic pretax income |
$ 21,808 |
$ (7,782) |
$ 25,132 |
| Foreign pretax income |
16,267 |
18,456 |
18,171 |
| |
|
| |
$ 38,075 |
$ 10,674 |
$ 43,303 |
| |
|
| Taxes at federal statutory rate |
$ 13,326 |
$ 3,736 |
$ 15,156 |
| State taxes net of federal tax benefit |
1,082 |
(495) |
966 |
| Net effect of utilization of foreign losses |
2,776 |
(59) |
(27) |
| Foreign income taxed at lower rates |
(3,706) |
(2,188) |
(2,089) |
| Foreign tax credit |
(2,031) |
(1,451) |
(1,485) |
| Foreign branch and withholding taxes |
450 |
1,019 |
1,114 |
| Percentage depletion |
(449) |
(421) |
(375) |
| Non-deductible compensation |
693 |
7,709 |
336 |
| Research and development credits |
(553) |
(437) |
(584) |
| Foreign dividend income |
2,691 |
1,738 |
1,584 |
| Repatriation of foreign earnings
under the AJCA |
1,077 |
- |
- |
| Other, net |
(886) |
(1,145) |
(579) |
| |
|
| |
$ 14,470 |
$ 8,006 |
$ 14,017 |
|
|
The 1996 through 1998 federal income tax returns are currently
under examination by the U.S. Internal Revenue Service ("IRS").
While the IRS audit is nearing completion, no assessments have
been issued. Although it cannot predict with certainty the ultimate
outcome of this examination, the Company believes it has
adequately provided for any potential liabilities that may result.
In 2001, the Company filed federal and state income tax claims for
research and development credits for tax years 1990 through 2000.A
portion of these credits was reflected in the financial statements in
2001.The claims are currently under IRS examination in connection
with the 1996-1998 examination. The Company has reached a
proposed settlement with the IRS regarding these credits at the local
level; however, the proposed settlement, along with the ultimate
results of the 1996-1998 examination,must be reviewed by the Joint
Committee of Taxation before it can be considered final. Therefore,
the financial statements have not been adjusted to reflect the results
of this proposed settlement, which, while not material, would be
favorable to the Company if finalized as proposed.
In November 2005, the Company repatriated approximately
$36,000,000 of earnings from three of its foreign subsidiaries under
the provisions of the 2004 American Jobs Creation Act ("AJCA").The
AJCA created a one-time incentive for U.S. corporations to repatriate
accumulated income earned abroad by providing an 85 percent
dividends received deduction for certain dividends from controlled
foreign corporations.
The Company intends to permanently reinvest the remaining
unrepatriated foreign earnings. The cumulative amount of
undistributed earnings of foreign subsidiaries is $48,884,000 at
November 30, 2005. The Company has provided no deferred taxes
on the earnings, and the additional U.S. income tax on the
unremitted foreign earnings, if repatriated, may be offset in whole
or in part by foreign tax credits. |