Note 10: INCOME TAXESThe provision for
income taxes included the following for the years
ended November 30:
(In thousands) |
2006 |
2005 |
2004 |
Current |
|
|
|
Federal |
$ 14,615 |
$ 2,260 |
$ (1,035) |
Foreign |
5,364 |
3,449 |
3,087 |
State |
3,459 |
797 |
(621) |
|
|
|
$ 23,438 |
$ 6,506 |
$ 1,431 |
| |
|
Deferred |
|
|
|
Federal |
$(10,309) |
$ 3,573 |
$ 3,086 |
Foreign |
(386) |
173 |
(157) |
State |
(1,838) |
788 |
429 |
|
(12,533) |
4,534 |
3,358 |
|
$ 10,905 |
$ 11,040 |
$ 4,789 |
Deferred income tax
assets and (liabilities) consisted of the following as of November 30:
(In thousands) |
2006 |
2005 |
Current deferred income taxes |
|
|
Self-insurance and claims reserves |
$ 15,142 |
$ 11,516 |
Inventories |
4,998 |
5,278 |
Employee benefits |
5,631 |
3,350 |
Accounts receivable |
1,097 |
1,164 |
Valuation allowances |
(3,708) |
(2,763) |
Other |
701 |
(947) |
Net current deferred income tax assets |
23,861 |
17,598 |
Noncurrent deferred income taxes |
|
|
Net operating loss carry-overs |
17,138 |
19,084 |
Prepaid pension benefit costs |
12,854 |
13,797 |
Employee benefits |
831 |
860 |
Investments |
3,234 |
3,255 |
Valuation allowances |
(18,193) |
(19,560) |
Property, plant and equipment |
(16,341) |
(16,524) |
Other |
(308) |
(769) |
Net noncurrent deferred income tax |
|
|
(liabilities)/ assets Net deferred income tax assets |
(785) |
143 |
| Net deferred income tax assets |
$ 23,076 |
$ 17,741 |
As of November 30, 2006, the Company had foreign net operating loss
carry-overs of approximately $63,200,000. 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. The net valuation allowance decreased by $422,000 in 2006,
compared to 2005. This net decrease included a $1,700,000 increase
related to executive compensation deductions,offset by a net decrease
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 23%, 35% and 93%
of income before income taxes for the years ended November 30,
2006, 2005 and 2004, 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 years
ended November 30:
| (In thousands) |
2006 |
2005 |
2004 |
| Domestic pretax income |
$ 30,036 |
$ 19,532 |
$ (8,892) |
| Foreign pretax income |
17,379 |
12,012 |
14,041 |
| |
$ 47,415 |
$ 31,544 |
$ 5,149 |
| |
|
|
|
| Taxes at federal statutory rate |
$ 16,596 |
$ 11,040 |
$ 1,802 |
| State taxes, net of federal tax benefit |
1,053 |
942 |
(563) |
Foreign earnings taxed at different rates,
including withholding taxes |
1,264 |
(484) |
(2,213) |
| Percentage depletion |
(558) |
(449) |
(421) |
| Non-deductible compensation |
1,702 |
693 |
7,709 |
| Research and development credits |
(28) |
(329) |
(259) |
| Financials 199 deduction |
(490) |
— |
— |
| Adjustments to previously accrued taxes |
(7,233) |
— |
— |
Repatriation of foreign earnings
under the AJCA |
— |
1,077 |
— |
| Other, net |
(1,401) |
(1,450) |
(1,266) |
| |
$ 10,905 |
$ 11,040 |
$ 4,789 |
The Company files tax returns in numerous jurisdictions and is
subject to audit in these jurisdictions. In 2006, the Internal Revenue
Service ("IRS") finalized its examination of the Company's 1996
through 1998 federal income tax returns as well as its returns for
1999 through 2002. The results of these examinations, which
included a concurrent review of the Company's claims for research
and development credits for tax years 1998-2000, are reflected in the
financial statements. In addition, the financial statements reflect
settlements with other local and foreign jurisdictions. The net
impact to the Company's financial statements as a result of these
federal, foreign and local jurisdiction settlements was a reduction of
approximately $7,200,00 in income taxes payable.
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.
In November 2006, the Company repatriated approximately
$13,000,000 of earnings from its subsidiary in New Zealand (funds
generated by this subsidiary's portion of the sale of the Coatings
Business). The Company intends to permanently reinvest the
remaining unrepatriated foreign earnings. The cumulative amount
of undistributed earnings of foreign subsidiaries is $61,578,000 at
November 30, 2006. 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. |