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Income Taxes
6 Months Ended
May 31, 2012
Income Taxes

Note L – Income Taxes

The Company recorded income tax expense of $2.9 million and $4.1 million for the three months ended of May 31, 2012 and 2011, respectively, and income tax expense of $6.4 million and $6.7 million for the six months ended May 31, 2012 and 2011, respectively.

For the six months ended May 31, 2012, the Company’s effective tax rate of 26.6% was lower than its domestic federal statutory rate primarily due to income in foreign jurisdictions where the rate is lower than the U.S. domestic statutory rate, and $0.8 million of discrete tax benefits recorded during the first half of 2012.

At May 31, 2012 and November 30, 2011, the total unrecognized tax benefits excluding interest and penalties were $10.2 million and $10.6 million, respectively. The total amount of penalties and interest recognized in the statement of financial position were $0.6 million and $0.4 million as of May 31, 2012 and November 30, 2011, respectively.

 

Interest and penalties related to unrecognized tax benefits are recorded as a component of income tax expense. During the six months ended May 31, 2012, the Company recognized $0.2 million of interest and penalty expense.

During the next twelve months, due to the expiration of open statutes of limitations, the Company’s unrecognized tax benefits, excluding interest and penalties, would decrease by $4.3 million. Of the $4.3 million unrecognized tax benefit that is reasonably expected to decrease during the next twelve months, $1.4 million would, if recognized, impact the Company’s effective rate. It is also possible that additional unrecognized tax benefits could arise during the next twelve months that would change such estimate.

As of May 31, 2012, the Company had approximately $124.8 million of domestic federal net operating loss carryforwards (NOLCs), $109.1 million of state and local NOLCs, $0.8 million foreign tax credit carryforwards and $0.2 million of AMT credit carryforwards. The majority of the federal, state and local NOLCs expire in the tax years 2022 through 2032 while the foreign tax credit carryforwards expire between tax years 2012 and 2021. The Company has approximately $19.6 million of domestic capital loss carryforward, which are expected to expire by the tax year 2017. The Company has provided a valuation allowance against the capital loss carryforward as the Company does not anticipate the opportunity to utilize the carry forward before the expiration period.

With limited exceptions, the Company is no longer open to audit by the Internal Revenue Service and various states and foreign taxing jurisdictions for years prior to 2006.