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Income Taxes
12 Months Ended
Dec. 29, 2012
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes

Income tax expense (benefit) for 2012, 2011 and 2010 consists of the following:
 
For the Years Ended
(In thousands)
2012
 
2011
 
2010
 
 
 
 
 
 
Current:
 
 
 
 
 
Federal
$
164,690

 
$
162,288

 
$
85,106

State
13,302

 
19,061

 
10,355

Foreign
4,142

 
3,831

 
(883
)
Total current expense
182,134

 
185,180

 
94,578

Deferred:
 
 
 
 
 
Federal
9,035

 
(15,927
)
 
22,297

State
4,453

 
(5,410
)
 
4,038

Foreign
(5,146
)
 
(776
)
 
4,027

Total deferred expense (benefit)
8,342

 
(22,113
)
 
30,362

 
 
 
 
 
 
Total income tax expense
$
190,476

 
$
163,067

 
$
124,940



Temporary differences between the financial statement carrying amounts and tax basis of assets and liabilities that give rise to significant portions of deferred income taxes at the end of 2012 and 2011 relate to the following:

(In thousands)
2012
 
2011
 
 
 
 
Deferred tax assets:
 
 
 
Accrued expenses
$
20,346

 
$
18,597

Separate return net operating losses
21,412

 
16,757

Share based compensation
35,323

 
26,462

Contract and service revenues and costs
17,339

 
25,022

Other
6,890

 
5,410

Total deferred tax assets
101,310

 
92,248

 
 
 
 
Deferred tax liabilities:
 
 
 
Software development costs
(101,393
)
 
(91,267
)
Depreciation and amortization
(96,695
)
 
(85,746
)
Other
(5,537
)
 
(4,029
)
Total deferred tax liabilities
(203,625
)
 
(181,042
)
 
 
 
 
Net deferred tax liability
$
(102,315
)
 
$
(88,794
)


At the end of 2012, we had net operating loss carry-forwards subject to Section 382 of the Internal Revenue Code for Federal income tax purposes of $7.4 million that are available to offset future Federal taxable income, if any, through 2020. We had net operating loss carry-forwards from non-U.S. jurisdictions of $0.9 million that are available to offset future taxable income, if any, through 2024 and $59.8 million that are available to offset future taxable income, if any, with no expiration. In addition, we had a deferred tax asset for state net operating loss carryforwards of $0.9 million which are available to offset future taxable income, if any, through 2032. We expect to fully realize all these net operating loss carry-forwards in future periods.

At the end of 2012, we had not provided tax on the cumulative undistributed earnings of our foreign subsidiaries of approximately $82 million, because it is our intention to reinvest these earnings indefinitely. If these earnings were distributed, we would be subject to U.S. taxes and foreign withholding taxes, net of U.S. foreign tax credits which may be available. The calculation of this unrecognized deferred tax liability is complex and not practicable.

The effective income tax rates for 2012, 2011, and 2010 were 32%, 35%, and 34%, respectively. These effective rates differ from the Federal statutory rate of 35% as follows:
 
For the Years Ended
(In thousands)
2012
 
2011
 
2010
 
 
 
 
 
 
Tax expense at statutory rates
$
205,698

 
$
164,393

 
$
126,744

State income tax, net of federal benefit
13,856

 
11,439

 
10,151

Tax credits
(1,510
)
 
(5,520
)
 
(10,568
)
Unrecognized tax benefit (including interest)
(12,832
)
 
102

 
7,501

Permanent differences
(19,900
)
 
(2,472
)
 
(4,629
)
Other, net
5,164

 
(4,875
)
 
(4,259
)
 
 
 
 
 
 
Total income tax expense
$
190,476

 
$
163,067

 
$
124,940


 
A reconciliation of the beginning and ending amount of unrecognized tax benefit is presented below:
(In thousands)
2012
 
2011
 
2010
 
 
 
 
 
 
Unrecognized tax benefit - beginning balance
$
14,640

 
$
14,100

 
$
6,599

Gross increases (decreases) - tax positions in prior periods
(12,464
)
 
540

 

Gross increases - current-period tax positions

 

 
7,501

 
 
 
 
 
 
Unrecognized tax benefit - ending balance
$
2,176

 
$
14,640

 
$
14,100



All of the unrecognized tax benefit will favorably impact our effective tax rate if recognized. We do not expect to recognize any material portion of our unrecognized tax benefits in the next 12 months. Our federal returns have been examined by the Internal Revenue Service through 2009. We have various state and foreign returns under examination.

The 2012 beginning and ending amounts of accrued interest related to unrecognized tax benefits were $0.9 million and $0.1 million, respectively. We classify interest and penalties as income tax expense in our consolidated statement of operations. No accrual for tax penalties was recorded at the end of the year.