Income Taxes

12 Months Ended

Nov. 30, 2019

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



	Federal			State			Total
2019
Current	$	(200	)	$	(3,700	)	$	(3,900	)
Deferred	(53,800		)	(21,700		)	(75,500		)
Income tax expense	$	(54,000	)	$	(25,400	)	$	(79,400	)



	Federal			State			Total
2018
Current	$	(3,600	)	$	(4,800	)	$	(8,400	)
Deferred	(170,700		)	(18,500		)	(189,200		)
Income tax expense	$	(174,300	)	$	(23,300	)	$	(197,600	)

2017
Current	$	(2,800	)	$	(3,000	)	$	(5,800	)
Deferred	(86,300		)	(17,300		)	(103,600		)
Income tax expense	$	(89,100	)	$	(20,300	)	$	(109,400	)

Our effective tax rates were 22.8% for 2019, 53.7% for 2018 and 37.7% for 2017.

In 2019, our income tax expense and effective tax rate reflected the favorable impacts of $5.3 million of excess tax benefits related to stock-based compensation, a $4.4 million deferred tax asset valuation allowance reversal and $4.3 million of federal energy tax credits we earned from building energy-efficient homes, partly offset by a $1.9 million non-cash charge due to the re-measurement of deferred tax assets based on a reduction in certain state income tax rates.

Our income tax expense and effective tax rate for 2018 included a charge of $112.5 million for TCJA-related impacts, as described below; the favorable effect of the reduction in the federal corporate income tax rate under the TCJA; the favorable net impact of federal energy tax credits of $10.7 million that we earned from building energy-efficient homes; a $2.1 million net tax benefit from a reduction in our deferred tax asset valuation allowance; and excess tax benefits of $1.0 million related to stock-based compensation. The TCJA required us to use a blended federal tax rate for our 2018 fiscal year by applying a prorated percentage of days before and after the January 1, 2018 effective date. As a result, our 2018 annual federal statutory tax rate was reduced to approximately 22%.

The federal energy tax credits for the years ended November 30, 2019 and 2018 resulted from legislation enacted on February 9, 2018, which among other things, extended the availability of a business tax credit for building new energy-efficient homes through December 31, 2017. Prior to this legislation, the tax credit expired on December 31, 2016. In December 2019, federal legislation was enacted, which among other things, extended the availability of a business tax credit for building new energy-efficient homes through December 31, 2020. This extension is expected to benefit our income tax provision in future periods.

In 2017, our income tax expense and effective tax rates reflected the favorable net impact of $4.9 million of federal energy tax credits we earned from building energy-efficient homes through December 31, 2016.

TCJA. The TCJA, enacted in December 2017, among other things: (a) reduced the federal corporate income tax rate from 35% to 21%, effective January 1, 2018; (b) eliminated the federal corporate alternative minimum tax (“AMT”) and changed how existing AMT credits can be realized; and (c) eliminated several business deductions and credits, including deductions for certain executive compensation in excess of $1 million. In 2018, based on our analysis of the TCJA’s income tax effects, we recorded a total non-cash charge of $112.5 million to income tax expense, comprised of a provisional estimate of $111.2 million recorded in the 2018 first quarter and an additional $1.3 million charge in the 2018 fourth quarter. The following TCJA-related impacts were reflected in our consolidated financial statements for the year ended November 30, 2018:


•	We recorded a non-cash charge of $106.7 million in income tax expense due to the accounting re-measurement of our deferred tax assets based on the lower federal corporate income tax rate under the TCJA.

•

As we may claim a refund of 50% of our remaining AMT credits annually through 2021 to the extent the credits exceed regular income tax for any such year, and receive a full refund of any remaining credits in 2022, we estimated our refund of AMT credit carryforwards will total approximately $50.0 million. As the refund was subject to a sequestration reduction rate of approximately 6.6%, we established a federal deferred tax valuation allowance of $3.3 million for 2018. Our accounting policy regarding the balance sheet presentation of the AMT credits is to maintain the balance in deferred tax assets until a tax return is filed claiming a refund of a portion of the credit, at which time such amount will be presented in receivables.


•	We recorded a non-cash charge of $2.5 million in income tax expense for disallowed executive compensation due to the TCJA’s eliminating the deductibility of certain performance-based compensation. The TCJA also modified who is a covered employee with respect to the deduction limitation, and provided a transition rule that would preserve the

deductibility of certain 2018 performance-based compensation payable under written binding contracts in place prior to November 2, 2017 that had not been modified in any material respect.

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,
	2019			2018
Deferred tax liabilities:
Capitalized expenses	$	43,818		$	51,660
State taxes	26,290			31,246
Other	4,132			225
Total	74,240			83,131

Deferred tax assets:
Tax credits	180,737			231,100
Net operating losses (“NOLs”) from 2006 through 2019	95,562			121,432
Employee benefits	53,294			45,802
Inventory impairment and land option contract abandonment charges	48,862			67,416
Warranty, legal and other accruals	40,954			43,213
Capitalized expenses	25,116			27,894
Partnerships and joint ventures	9,990			6,368
Depreciation and amortization	479			1,869
Other	2,939			3,457
Total	457,933			548,551
Valuation allowance	(19,200		)	(23,600		)
Total	438,733			524,951
Deferred tax assets, net	$	364,493		$	441,820

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



	Years Ended November 30,
	2019					2018					2017
	$			%		$			%		$			%
Income tax expense computed at statutory rate	$	(73,117	)	(21.0	)%	$	(81,689	)	(22.2	)%	$	(101,499	)	(35.0	)%
Tax credits	6,595			1.9		14,177			3.9		6,227			2.2
Valuation allowance for deferred tax assets	4,400			1.3		2,000			.5		1,200			.4
Depreciation and amortization	4,276			1.2		1,223			.3		362			.1
NOL reconciliation	3,111			.9		—			—		(2,210		)	(.8	)
State taxes, net of federal income tax benefit	(20,927		)	(6.0	)	(20,155		)	(5.5	)	(14,450		)	(4.9	)
Non-deductible compensation	(4,653		)	(1.3	)	—			—		—			—
TCJA adjustment	—			—		(112,458		)	(30.5	)	—			—
Other, net	915			.2		(698		)	(.2	)	970			.3
Income tax expense	$	(79,400	)	(22.8	)%	$	(197,600	)	(53.7	)%	$	(109,400	)	(37.7	)%

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. In our evaluation, we give more significant weight to evidence that is objective in nature as compared to subjective evidence. Also, more significant weight is given to evidence that directly relates to our then-current financial performance as compared to indirect or less current evidence. 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 deferred tax assets become deductible. The value of our deferred tax assets depends on applicable income tax rates.

Our deferred tax assets of $383.7 million at November 30, 2019 and $465.4 million at November 30, 2018 were partially offset in each year by valuation allowances of $19.2 million and $23.6 million, respectively. The deferred tax asset valuation allowances at November 30, 2019 and 2018 were primarily related to certain state NOLs that had not met the “more likely than not” realization standard at those dates. As of November 30, 2019, we would need to generate approximately $1.30 billion of pretax income in future periods before 2039 to realize our deferred tax assets. Based on the evaluation of our deferred tax assets as of November 30, 2019, we determined that most of our deferred tax assets would be realized. The decrease in the valuation allowance during 2019 primarily reflected our reversal of the above-mentioned $4.4 million deferred tax asset valuation allowance, partly due to the Internal Revenue Service’s announcement in January 2019 that refundable AMT credits will not be subject to sequestration for taxable years beginning after December 31, 2017. As noted above, in 2018, we established a federal deferred tax asset valuation allowance of $3.3 million due to the sequestration of refundable AMT credits, which was offset by a reduction of $3.3 million in our state deferred tax asset valuation allowance primarily to account for state NOLs that met the “more likely than not” standard or had expired. In 2018, the net tax benefit related to the reduction in the state deferred tax asset valuation allowance was $2.1 million. In 2017, we reduced our valuation allowance by $1.2 million primarily to account for state NOLs that met the “more likely than not” realization standard.

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 federal and state tax laws and corporate income tax rates 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 and applied to offset future taxable income. Depending on their applicable statutory period, the state NOL carryforwards of $95.5 million, if not utilized, will begin to expire between 2020 and 2039. State NOL carryforwards of $1.2 million expired in 2018.

In addition, $77.4 million of our tax credits, if not utilized, will begin to expire in 2027 through 2039.

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,
	2019		2018			2017
Balance at beginning of year	$	—	$	56		$	56
Reductions due to lapse of statute of limitations	—		(56		)	—
Balance at end of year	$	—	$	—		$	56

We recognize accrued interest and penalties related to unrecognized tax benefits in our consolidated financial statements as a component of the provision for income taxes. As of November 30, 2019 and 2018, we had no gross unrecognized tax benefits. As of November 30, 2017, our gross unrecognized tax benefits (including interest and penalties) totaled $.1 million. Our liabilities for unrecognized tax benefits at November 30, 2017 are included in accrued expenses and other liabilities in our consolidated balance sheets.

As of November 30, 2019 and 2018, there were no tax positions for which the ultimate deductibility is highly certain but the timing of such deductibility is uncertain. Our total accrued interest and penalties related to unrecognized income tax benefits was zero at both November 30, 2019 and 2018. 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. The fiscal years ending 2016 and later remain open to federal examinations, while 2015 and later remain open to state examinations.

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, 2019, 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.