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Income Taxes
12 Months Ended
May 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE H — INCOME TAXES

 

The provision for income taxes is calculated in accordance with ASC 740, which requires the recognition of deferred income taxes using the asset and liability method.

Income before income taxes as shown in the Consolidated Statements of Income is summarized below for the periods indicated.

 

Year Ended May 31,

 

2021

 

 

2020

 

 

2019

 

(In thousands)

 

 

 

 

 

 

 

 

 

 

 

 

United States

 

$

462,468

 

 

$

317,290

 

 

$

215,201

 

Foreign

 

 

205,970

 

 

 

90,474

 

 

 

124,644

 

Income Before Income Taxes

 

$

668,438

 

 

$

407,764

 

 

$

339,845

 

 

 

Provision (benefit) for income taxes consists of the following for the periods indicated:

 

Year Ended May 31,

 

2021

 

 

2020

 

 

2019

 

(In thousands)

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. federal

 

$

60,666

 

 

$

65,195

 

 

$

20,388

 

State and local

 

 

18,959

 

 

 

17,743

 

 

 

8,623

 

Foreign

 

 

65,125

 

 

 

31,894

 

 

 

37,713

 

Total Current

 

 

144,750

 

 

 

114,832

 

 

 

66,724

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

U.S. federal

 

 

20,027

 

 

 

(19,212

)

 

 

15,298

 

State and local

 

 

3,878

 

 

 

(3,031

)

 

 

1,414

 

Foreign

 

 

(3,717

)

 

 

10,093

 

 

 

(11,278

)

Total Deferred

 

 

20,188

 

 

 

(12,150

)

 

 

5,434

 

Provision for Income Taxes

 

$

164,938

 

 

$

102,682

 

 

$

72,158

 

 

The significant components of deferred income tax assets and liabilities as of May 31, 2021 and 2020 were as follows:

 

 

 

2021

 

 

2020

 

(In thousands)

 

 

 

 

 

 

 

 

Deferred income tax assets related to:

 

 

 

 

 

 

 

 

Inventories

 

$

12,189

 

 

$

12,341

 

Allowance for losses

 

 

-

 

 

 

4,294

 

Accrued compensation and benefits

 

 

24,637

 

 

 

14,686

 

Accrued other expenses

 

 

28,511

 

 

 

15,107

 

Deferred income and other long-term liabilities

 

 

22,859

 

 

 

22,030

 

Credit and net operating and capital loss carryforwards

 

 

65,091

 

 

 

65,994

 

Net unrealized loss on securities

 

 

9,189

 

 

 

16,892

 

Pension and other postretirement benefits

 

 

34,180

 

 

 

76,147

 

Total Deferred Income Tax Assets

 

 

196,656

 

 

 

227,491

 

Less: valuation allowances

 

 

(64,696

)

 

 

(66,855

)

Net Deferred Income Tax Assets

 

 

131,960

 

 

 

160,636

 

Deferred income tax (liabilities) related to:

 

 

 

 

 

 

 

 

Depreciation

 

 

(85,717

)

 

 

(70,588

)

Amortization of intangibles

 

 

(107,963

)

 

 

(109,926

)

Unremitted foreign earnings

 

 

(17,871

)

 

 

(8,781

)

Total Deferred Income Tax (Liabilities)

 

 

(211,551

)

 

 

(189,295

)

Deferred Income Tax Assets (Liabilities), Net

 

$

(79,591

)

 

$

(28,659

)

 

At May 31, 2021, we had U.S. capital loss carryforwards of approximately $25.8 million, of which $21.5 million will expire if not used by the end of fiscal 2022, with the balance expiring if unused by the end of fiscal 2025. Also, as of May 31, 2021, we had foreign tax credit carryforwards of $27.3 million, which expire through fiscal 2031.  Additionally, as of May 31, 2021, we had approximately $4.5 million of tax benefits associated with state net operating loss carryforwards and state tax credit carryforwards, some of which expire at various dates beginning in fiscal 2022. Also, as of May 31, 2021, we had foreign net operating loss carryforwards of approximately $149.4 million, of which approximately $14.7 million will expire at various dates beginning in fiscal 2022 and approximately $134.7 million that have an indefinite carryforward period. Additionally, as of May 31, 2021, we had foreign capital loss carryforwards of approximately $26.8 million that can be carried forward indefinitely.

When evaluating the realizability of deferred income tax assets, we consider, among other items, whether a jurisdiction has experienced cumulative pretax losses and whether a jurisdiction will generate the appropriate character of income to recognize a deferred income tax asset.  More specifically, if a jurisdiction experiences cumulative pretax losses for a period of three years, including the current fiscal year, or if a jurisdiction does not have sufficient income of the appropriate character in the relevant carryback or projected carryforward periods, we generally conclude that it is more likely than not that the respective deferred tax asset will not be realized unless factors such as expected operational changes, availability of prudent and feasible tax planning strategies, reversal of taxable temporary differences or other information exists that would lead us to conclude otherwise.  If, after we have

evaluated these factors, the deferred income tax assets are not expected to be realized within the carryforward or carryback periods allowed for that jurisdiction, we would conclude that a valuation allowance is required.  

Total valuation allowances of approximately $64.7 million and $66.9 million have been recorded as of May 31, 2021 and 2020, respectively.  These recorded valuation allowances relate primarily to U.S. capital losses, state net operating losses and certain foreign net operating losses, net foreign deferred tax assets and foreign tax credit carryforwards. The year-over-year decrease in valuation allowances is primarily attributable to reversals for the realization of U.S. capital loss carryforwards, partially offset by an increase for foreign tax credit carryforwards.

The following table reconciles income tax expense (benefit) computed by applying the U.S. statutory federal income tax rate against income (loss) before income taxes to the provision (benefit) for income taxes:

 

Year Ended May 31,

 

2021

 

 

2020

 

 

2019

 

(In thousands, except percentages)

 

 

 

 

 

 

 

 

 

 

 

 

Income tax expense at the U.S. statutory federal income tax rate

 

$

140,372

 

 

$

85,630

 

 

$

71,367

 

Foreign rate differential and other foreign tax adjustments

 

 

11,942

 

 

 

3,433

 

 

 

(1,571

)

State and local income taxes, net

 

 

18,625

 

 

 

11,651

 

 

 

7,224

 

Impact of GILTI provisions

 

 

1,598

 

 

 

3,051

 

 

 

5,772

 

Nondeductible business expense

 

 

616

 

 

 

2,005

 

 

 

2,259

 

Valuation allowance

 

 

(4,389

)

 

 

14,008

 

 

 

7,021

 

Deferred tax liability for unremitted foreign earnings

 

 

5,348

 

 

 

(5,527

)

 

 

-

 

Changes in unrecognized tax benefits

 

 

(1,847

)

 

 

1,292

 

 

 

(8,480

)

Other

 

 

1,324

 

 

 

(3,351

)

 

 

1,195

 

FY19 GILTI impact of issued regulations

 

 

-

 

 

 

(4,348

)

 

 

-

 

Equity-based compensation

 

 

(8,651

)

 

 

(5,162

)

 

 

(4,496

)

Transition tax liability

 

 

-

 

 

 

-

 

 

 

(1,868

)

Remeasurement of U.S. deferred income taxes

 

 

-

 

 

 

-

 

 

 

(6,265

)

Provision for Income Tax Expense

 

$

164,938

 

 

$

102,682

 

 

$

72,158

 

Effective Income Tax Rate

 

 

24.7

%

 

 

25.2

%

 

 

21.2

%

 

Uncertain income tax positions are accounted for in accordance with ASC 740.  The following table summarizes the activity related to unrecognized tax benefits:

 

(In millions)

 

2021

 

 

2020

 

 

2019

 

Balance at June 1

 

$

9.0

 

 

$

8.1

 

 

$

14.1

 

Additions based on tax positions related to current year

 

 

-

 

 

 

-

 

 

 

0.1

 

Additions for tax positions of prior years

 

 

-

 

 

 

2.0

 

 

 

2.0

 

Reductions for tax positions of prior years

 

 

(1.8

)

 

 

(0.9

)

 

 

(7.9

)

Foreign currency translation

 

 

0.3

 

 

 

(0.2

)

 

 

(0.2

)

Balance at May 31

 

$

7.5

 

 

$

9.0

 

 

$

8.1

 

 

The total amount of unrecognized tax benefits that would impact the effective tax rate, if recognized, was $7.0 million at May 31, 2021, $8.6 million at May 31, 2020 and $7.7 million at May 31, 2019.

We recognize interest and penalties related to unrecognized tax benefits in income tax expense. At May 31, 2021, 2020 and 2019, the accrual for interest and penalties was $2.9 million, $2.9 million and $3.0 million, respectively. Unrecognized tax benefits, including interest and penalties, have been classified as other long-term liabilities unless expected to be paid in one year.  

We file income tax returns in the United States and in various state, local and foreign jurisdictions.  With limited exceptions, we are subject to federal, state and local, or non-U.S. income tax examinations by tax authorities for fiscal 2014 through 2021.  We are currently under examination, or have been notified of an upcoming tax examination, for various non-U.S. and domestic state and local jurisdictions.  Although it is possible that certain tax examinations could be resolved during the next 12 months, the timing and outcomes are uncertain.

Our deferred tax liability for unremitted foreign earnings was $17.9 million as of May 31, 2021, which represents our estimate of the tax cost associated with the deemed remittance of $466.6 million of foreign earnings that are not considered to be permanently reinvested.  

We have not provided for U.S. income taxes or foreign withholding taxes on the remaining $1.2 billion of foreign unremitted earnings because such earnings have been retained and reinvested by the foreign subsidiaries as of May 31, 2021. Accordingly, no provision has been made for U.S. income taxes or foreign withholding taxes, which may become payable if the remaining unremitted earnings of foreign subsidiaries were distributed to the United States. Due to the uncertainties and complexities involved in the various options for repatriation of foreign earnings, it is not practical to calculate the deferred taxes associated with the remaining foreign earnings.