Income Taxes

12 Months Ended

Oct. 31, 2019

Income Taxes

The following table provides a reconciliation of our effective tax rate from the federal statutory tax rate for the fiscal years ended October 31, 2019, 2018, and 2017 ($ amounts in thousands):



	2019				2018				2017
	$		%*		$		%*		$		%*
Federal tax provision at statutory rate	165,306		21.0		217,914		23.3		285,009		35.0
State tax provision, net of federal benefit	37,898		4.8		47,073		5.0		34,656		4.3
Domestic production activities deduction			—		(18,168	)	(1.9	)	(12,835	)	(1.6	)
Other permanent differences	188		—		(3,726	)	(0.4	)	(1,468	)	(0.2	)
Reversal of accrual for uncertain tax positions	(5,348	)	(0.7	)	(4,741	)	(0.5	)	(3,981	)	(0.5	)
Accrued interest on anticipated tax assessments	453		0.1		737		0.1		984		0.1
Increase in unrecognized tax benefits	2,153		0.3		1,122		0.1				—
Valuation allowance — reversed			—				—		(32,154	)	(3.9	)
Changes in tax law	(523	)	(0.1	)	(38,740	)	(4.1	)			—
Excess stock compensation benefit	(2,143	)	(0.3	)	(4,236	)	(0.5	)			—
Other	(821	)	(0.1	)	(11,470	)	(1.2	)	8,605		1.1
Income tax provision*	197,163		25.0		185,765		19.9		278,816		34.2



*	Due to rounding, amounts may not add.

On December 22, 2017, the Tax Cuts and Jobs Act (the “Tax Act”) was enacted into law, which changed many longstanding foreign and domestic corporate and individual tax rules, as well as rules pertaining to the deductibility of employee compensation and benefits. The Tax Act, among other changes, reduced the corporate income tax rate from 35% to 21% and repealed the domestic production activities deduction effective for tax years beginning after December 31, 2017. For companies with a fiscal year that does not end on December 31, the change in law requires the application of a blended tax rate for the year of the change. Our blended tax rate for our fiscal year ending October 31, 2018 was 23.3%. Thereafter, the applicable statutory rate will be 21%. ASC 740, “Income Taxes” (“ASC 740”), requires all companies to reflect the effects of the new law in the period in which the law was enacted. Accordingly, we reduced the statutory tax rate applied to earnings from 35% in fiscal 2017 to 23.3% in fiscal 2018 and to 21% in fiscal 2019. In addition, we remeasured our net deferred tax liability for the tax law change, which resulted in an income tax benefit of $35.5 million in fiscal 2018.

We are subject to state tax in the jurisdictions in which we operate. We estimate our state tax liability based upon the individual taxing authorities’ regulations, estimates of income by taxing jurisdiction, and our ability to utilize certain tax-saving strategies. Based on our estimate of the allocation of income or loss among the various taxing jurisdictions and changes in tax regulations and their impact on our tax strategies, we estimated that our rate for state income taxes, before federal benefit, will be 6.1% in fiscal 2019. Our state income tax rate, before federal benefit, was 6.6% and 6.5% in fiscal 2018 and 2017, respectively.

The following table provides information regarding the provision (benefit) for income taxes for each of the fiscal years ended October 31, 2019, 2018, and 2017 (amounts in thousands):



	2019		2018			2017
Federal	$	161,904	$	157,836		$	278,095
State	35,259		27,929			721
	$	197,163	$	185,765		$	278,816

Current	$	94,399	$	207,695		$	93,106
Deferred	102,764		(21,930		)	185,710
	$	197,163	$	185,765		$	278,816

The components of income taxes payable at October 31, 2019 and 2018 are set forth below (amounts in thousands):



	2019		2018
Current	$	7,897	$	28,804
Deferred	95,074		2,155
	$	102,971	$	30,959

The following table provides a reconciliation of the change in the unrecognized tax benefits for the years ended October 31, 2019, 2018, and 2017 (amounts in thousands):



	2019			2018			2017
Balance, beginning of year	$	12,222		$	16,993		$	30,272
Increase in benefit as a result of tax positions taken in prior years	2,148			2,140			1,575
Increase in benefit as a result of tax positions taken in current year	1,126			949			431
Decrease in benefit as a result of settlements	(2,670		)	(4,707		)	(9,174		)
Decrease in benefit as a result of lapse of statute of limitations	(4,929		)	(3,153		)	(6,111		)
Balance, end of year	$	7,897		$	12,222		$	16,993

The statute of limitations has expired on our federal tax returns for fiscal years through 2015.

Our unrecognized tax benefits are included in the current portion of “Income taxes payable” on our Consolidated Balance Sheets. If these unrecognized tax benefits reverse in the future, they would have a beneficial impact on our effective tax rate at that time. During the next 12 months, it is reasonably possible that the amount of unrecognized tax benefits will change, but we are not able to provide a range of such change. The anticipated changes will be principally due to the expiration of tax statutes, settlements with taxing jurisdictions, increases due to new tax positions taken, and the accrual of estimated interest and penalties.

The amounts accrued for interest and penalties are included in the current portion of “Income taxes payable” on our Consolidated Balance Sheets. The following table provides information as to the amounts recognized in our tax provision, before reduction for applicable taxes and reversal of previously accrued interest and penalties, of potential interest and penalties in the fiscal years ended October 31, 2019, 2018, and 2017, and the amounts accrued for potential interest and penalties at October 31, 2019 and 2018 (amounts in thousands):



Expense recognized in the Consolidated Statements of Operations and Comprehensive Income
Fiscal year
2019	$	593
2018	$	1,152
2017	$	1,513



Accrued at:
October 31, 2019	$	1,169
October 31, 2018	$	2,115

The components of net deferred tax assets and liabilities at October 31, 2019 and 2018 are set forth below (amounts in thousands):



	2019			2018
Deferred tax assets:
Accrued expenses	$	54,162		$	54,531
Impairment charges	43,583			51,124
Inventory valuation differences	55,313			42,765
Stock-based compensation expense	23,928			27,949
Amounts related to unrecognized tax benefits	311			1,197
State tax, net operating loss carryforwards	67,718			73,288
Other	18			125
Total assets	245,033			250,979
Deferred tax liabilities:
Capitalized interest	44,196			43,982
Deferred income	277,005			181,839
Expenses taken for tax purposes not for book	3,571			5,477
Depreciation	5,024			6,877
Deferred marketing	10,311			14,959
Total liabilities	340,107			253,134
Net deferred tax liabilities	(95,074		)	(2,155		)

In accordance with GAAP, we assess whether a valuation allowance should be established based on our determination of whether it is more-likely-than-not that some portion or all of the deferred tax assets would not be realized. At October 31, 2019 and 2018, we determined that it was more-likely-than-not that our deferred tax assets would be realized. Accordingly, at October 31, 2019 and 2018, we did not have valuation allowances recorded against our federal or state deferred tax assets. During fiscal 2017, due to improved operating results, we reversed $32.2 million of state deferred tax asset valuation allowances.

We file tax returns in the various states in which we do business. Each state has its own statutes regarding the use of tax loss carryforwards. Some of the states in which we do business do not allow for the carryforward of losses, while others allow for carryforwards for 5 years to 20 years.