Income Taxes

Income Tax Benefit (Expense). The components of the income tax benefit (expense) in our consolidated statements of operations are as follows (in thousands):



	Federal			State			Total
2015
Current	$	(1,400	)	$	(2,000	)	$	(3,400	)
Deferred	(35,900		)	(3,100		)	(39,000		)
Income tax expense	$	(37,300	)	$	(5,100	)	$	(42,400	)
2014
Current	$	100		$	(1,900	)	$	(1,800	)
Deferred	646,000			179,200			825,200
Income tax benefit	$	646,100		$	177,300		$	823,400
2013
Current	$	—		$	1,600		$	1,600
Deferred	—			—			—
Income tax benefit	$	—		$	1,600		$	1,600

Our income tax expense for 2015 reflected the favorable net impact of $5.6 million of federal energy tax credits we earned from building energy-efficient homes, resulting in an effective tax rate of 33.4%. The income tax benefit in 2014 was primarily due to the reversal of a substantial portion of our deferred tax asset valuation allowance at November 30, 2014. In 2013, the income tax benefit reflected the resolution of a state tax audit, which resulted in a refund receivable of $1.4 million, as well as the recognition of unrecognized tax benefits of $1.0 million, partly offset by the state tax liability of $.8 million. Due to the effects of our deferred tax asset valuation allowances and changes in our unrecognized tax benefits, our effective tax rates in 2014 and 2013 were not meaningful items as our income tax amounts were not directly correlated to our pretax income for those periods.

The tax credit impact in 2015 included energy tax credits we earned from building energy-efficient homes in 2011, 2012 and 2013, as well as from building energy-efficient homes in 2014 pursuant to the Tax Increase Prevention Act, which was enacted into law on December 19, 2014. Among other things, the law retroactively extended the availability of a business tax credit for building new energy-efficient homes through December 31, 2014. Prior to this legislation, the tax credit expired on December 31, 2013.

Deferred Tax Assets, Net. Deferred income taxes result from temporary differences in the financial and tax basis of assets and liabilities. Significant components of our deferred tax liabilities and assets are as follows (in thousands):



	November 30,
	2015			2014
Deferred tax liabilities:
Capitalized expenses	$	110,408		$	103,196
State taxes	68,866			72,258
Other	196			310
Total	179,470			175,764

Deferred tax assets:
NOLs from 2006 through 2015	423,274			459,393
Tax credits	186,169			176,234
Inventory impairments and land option contract abandonments	179,828			229,264
Employee benefits	93,395			82,776
Warranty, legal and other accruals	49,655			42,621
Capitalized expenses	34,887			24,155
Partnerships and joint ventures	18,557			15,672
Depreciation and amortization	9,146			9,022
Other	4,537			3,009
Total	999,448			1,042,146
Valuation allowance	(37,782		)	(41,150		)
Total	961,666			1,000,996
Deferred tax assets, net	$	782,196		$	825,232

Reconciliation of Expected Income Tax Benefit (Expense). The income tax benefit (expense) computed at the statutory U.S. federal income tax rate and the income tax benefit (expense) provided in our consolidated statements of operations differ as follows (dollars in thousands):



	Years Ended November 30,
	2015					2014					2013
	$			%		$			%		$			%
Income tax expense computed at statutory rate	$	(44,462	)	(35.0	)%	$	(33,232	)	(35.0	)%	$	(13,427	)	(35.0	)%
Tax credits	8,220			6.5		2,884			3.0		2,675			7.0
Valuation allowance for deferred tax assets	3,356			2.6		825,232			869.1		20,673			53.9
Depreciation and amortization	3,183			2.5		15,765			16.6		4,523			11.8
Basis in joint ventures	1,617			1.3		10,441			11.0		(9,598		)	(25.0	)
Inventory impairments	(1,701		)	(1.3	)	—			—		2,827			7.4
Reserve and deferred income	(2,259		)	(1.8	)	—			—		(1,808		)	(4.7	)
NOL reconciliation	(3,379		)	(2.7	)	12,973			13.7		(3,806		)	(9.9	)
State taxes, net of federal income tax benefit	(5,155		)	(4.1	)	(13,907		)	(14.7	)	(1,947		)	(5.1	)
Capitalized expenses	—			—		1,249			1.3		—			—
Recognition of federal and state tax benefits	—			—		59			.1		1,600			4.2
Other, net	(1,820		)	(1.4	)	1,936			2.1		(112		)	(.3	)
Income tax benefit (expense)	$	(42,400	)	(33.4	)%	$	823,400		867.2	%	$	1,600		4.3	%

Deferred Tax Asset Valuation Allowance. We evaluate our deferred tax assets quarterly to determine if adjustments to our valuation allowance are required based on the consideration of all available positive and negative evidence using a “more likely than not” standard with respect to whether deferred tax assets will be realized. Our evaluation considers, among other factors, our historical operating results, our expectation of future profitability, the duration of the applicable statutory carryforward periods, and conditions in the housing market and the broader economy. The ultimate realization of our deferred tax assets depends primarily on our ability to generate future taxable income during the periods in which the related temporary differences in the financial basis and the tax basis of the assets become deductible. The value of our deferred tax assets depends on applicable income tax rates.

At November 30, 2015 and 2014, we had deferred tax assets of $820.0 million and $866.4 million, respectively, that were partially offset by valuation allowances of $37.8 million and $41.2 million, respectively. The valuation allowances at November 30, 2015 and 2014 were primarily related to foreign tax credits and certain state NOLs that had not met the “more likely than not” realization standard as of those dates. As of November 30, 2015, we needed to generate approximately $2 billion of pretax income in future periods before 2035 to realize our deferred tax assets. Based on our evaluation of our deferred tax assets as of November 30, 2015, we determined that most of our deferred tax assets would be realized. We reduced our deferred tax assets and valuation allowance by $3.4 million in 2015 to account primarily for the expiration of federal tax credits and state NOLs that were not utilized.

At November 30, 2014, we determined through our evaluation process that it was more likely than not that most of our deferred tax assets would be realized. As a result, we recognized an $824.2 million income tax benefit in the fourth quarter of 2014, which included the reversal of all but $41.2 million of our deferred tax asset valuation allowance. The principal positive evidence that led us to determine at November 30, 2014 that most of our deferred tax asset valuation allowance could be reversed included our emergence from a three-year cumulative pretax loss position in 2014 as well as the underlying momentum in our business and generally improved housing market and broader economic conditions that had enabled us to achieve and maintain a three-year cumulative pretax income position as of and after the 2014 third quarter; the significant pretax income we generated during 2014 and 2013, including six consecutive quarters of pretax income as of November 30, 2014; improvement in key financial metrics in 2014 when compared to the previous year (including in our revenues; housing gross profits; selling, general and administrative expenses as a percentage of housing revenues; net orders and backlog); our expectation of future profitability; our strong financial position; significant evidence that conditions in the U.S. housing industry were more favorable than in recent years and our belief that such conditions would continue to be favorable over the long term; and our belief that we would be able to make operational adjustments to address any potential changes in market conditions to maintain long-term profitability and realize our deferred tax assets.

In 2013, we reduced the valuation allowance by $20.7 million to account for adjustments to our deferred tax assets associated with the pretax income generated during the year and the loss of state NOLs due to the expiration of the applicable statute of limitations.

We will continue to evaluate both the positive and negative evidence on a quarterly basis in determining the need for a valuation allowance with respect to our deferred tax assets. The accounting for deferred tax assets is based upon estimates of future results. Changes in positive and negative evidence, including differences between estimated and actual results, could result in changes in the valuation of our deferred tax assets that could have a material impact on our consolidated financial statements. Changes in existing tax laws could also affect actual tax results and the realization of deferred tax assets over time.

The majority of the tax benefits associated with our NOLs can be carried forward for 20 years (as we did not have taxable income in the allowable two-year carryback period) and applied to offset future taxable income. The federal NOL carryforwards of $267.1 million, if not utilized, will begin to expire in 2030 through 2033. Depending on their applicable statutory period, the state NOL carryforwards of $156.1 million, if not utilized, will begin to expire between 2016 and 2035. During 2015, $1.7 million of state NOL carryforwards expired.

In addition, $95.5 million of our tax credits, if not utilized, will begin to expire in 2016 through 2034. Included in the $95.5 million are $3.2 million of investment tax credits, of which $2.4 million and $.8 million will expire in 2026 and 2027, respectively, as well as foreign tax credits of $14.0 million that will expire in 2016.

Unrecognized Tax Benefits. Gross unrecognized tax benefits are the differences between a tax position taken or expected to be taken in a tax return, and the benefit recognized for accounting purposes. A reconciliation of the beginning and ending balances of gross unrecognized tax benefits, excluding interest and penalties, is as follows (in thousands):



	Years Ended November 30,
	2015			2014		2013
Balance at beginning of year	$	206		$	206	$	1,671
Reductions due to lapse of statute of limitations	(150		)	—		(1,465		)
Balance at end of year	$	56		$	206	$	206

We recognize accrued interest and penalties related to unrecognized tax benefits in our consolidated financial statements as a component of the provision for or benefit from income taxes. As of November 30, 2015, 2014 and 2013, there were $.1 million, $.1 million and $.3 million, respectively, of gross unrecognized tax benefits (including interest and penalties) that, if recognized, would affect our annual effective tax rate. Our total accrued interest and penalties related to unrecognized income tax benefits was zero at November 30, 2015 and $.1 million at November 30, 2014. Our liabilities for unrecognized tax benefits at November 30, 2015 and 2014 are included in accrued expenses and other liabilities in our consolidated balance sheets.

Included in the balance of gross unrecognized tax benefits at both November 30, 2015 and 2014 were tax positions of zero and $.2 million, respectively, for which the ultimate deductibility is highly certain but the timing of such deductibility is uncertain. Because of the impact of deferred tax accounting, other than interest and penalties, the disallowance of the shorter deductibility period would not affect our annual effective tax rate, but would accelerate the payment of cash to a tax authority to an earlier period.

As of November 30, 2015, our gross unrecognized tax benefits (including interest and penalties) totaled $.1 million. We anticipate that these gross unrecognized tax benefits will decrease by an amount ranging from zero to $.1 million during the 12 months from this reporting date due to the expiration of the statute of limitations. The fiscal years ending 2012 and later remain open to federal examinations, while 2011 and later remain open to state examinations.

Notwithstanding the reversal of a substantial portion of our deferred tax asset valuation allowance at November 30, 2014, the benefits of our deferred tax assets, including our NOLs, built-in losses and tax credits would be reduced or potentially eliminated if we experienced an “ownership change” under Section 382. Based on our analysis performed as of November 30, 2015, we do not believe that we have experienced an ownership change as defined by Section 382, and, therefore, the NOLs, built-in losses and tax credits we have generated should not be subject to a Section 382 limitation as of this reporting date.