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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Tax Expense (Benefit) [Abstract]  
Income Taxes
Note I — Income Taxes
A reconciliation of the federal statutory rate of 35% to actual follows:
 
 
Year Ended December 31,
 
 
2012
 
2011
 
2010
Tax at statutory rate
 
35.0
 %
 
35.0
 %
 
35.0
 %
State income taxes, net of federal benefit
 
1.5
 %
 
1.9
 %
 
2.9
 %
Effect of foreign operations, net of foreign tax credits
 
(0.2
)%
 
0.3
 %
 
0.5
 %
Other, net
 
(0.2
)%
 
(1.4
)%
 
(0.9
)%
Total
 
36.1
 %
 
35.8
 %
 
37.5
 %


The components of income tax expense are as follows:
 
 
Year Ended December 31,
 
 
2012
 
2011
 
2010
 
 
(In thousands)
Current expense
 
 
 
 
 
 
Federal
 
$
86,839

 
$
4,154

 
$
749

State
 
10,428

 
6,547

 
8,656

Foreign
 
3,100

 
3,762

 
4,220

Total current
 
100,367

 
14,463

 
13,625

Deferred expense
 
 
 
 
 
 
Federal
 
7,538

 
76,936

 
85,866

State
 
(4,006
)
 
1,145

 
3,624

Foreign
 
(142
)
 
(631
)
 

Total deferred
 
3,390

 
77,450

 
89,490

Total
 
$
103,757

 
$
91,913

 
$
103,115


Deferred tax assets (liabilities) consist of the following:
 
 
December 31,
 
 
2012
 
2011
 
 
(In thousands)
Deferred tax assets
 
 
 
 
Federal net operating loss carryforwards
 
$
7,873

 
$
63,057

State net operating loss carryforwards
 
14,711

 
16,506

Foreign net operating loss carryforwards
 

 
2,989

Accrued liabilities
 
49,426

 
48,928

Other assets including credits
 
1,402

 
65

Foreign tax credit carryforwards
 
6,771

 
4,434

 
 
80,183

 
135,979

Valuation allowance
 
(319
)
 
(930
)
Deferred tax liabilities
 
 
 
 
Rental merchandise
 
(252,464
)
 
(327,222
)
Property assets
 
(32,815
)
 
(25,508
)
Intangible assets
 
(97,695
)
 
(80,030
)
 
 
(382,974
)
 
(432,760
)
Net deferred taxes
 
$
(303,110
)
 
$
(297,711
)

At December 31, 2012, we had approximately $22.5 million of federal net operating loss (“NOL”) carryforwards available to offset future taxable income expiring between 2020 and 2023 and approximately $303.9 million of state NOL carryforwards expiring between 2013 and 2030. All of the federal NOL and 10% of the total remaining state NOL carryforward represents acquired NOLs. Utilization of these NOL's is subject to applicable annual limitations for U.S. federal and state tax purposes, including section 382 of the Internal Revenue Code of 1986, as amended. In addition, at December 31, 2012, we also had approximately $6.8 million in foreign tax credit (“FTC”) carryforwards expiring between 2020 and 2022. We establish a valuation allowance to the extent we consider it more likely than not that the deferred tax assets attributable to our state NOLs or FTCs will not be recovered.
We are subject to federal, state, local and foreign income taxes. Along with our U.S. subsidiaries, we file a U.S. federal consolidated income tax return. With few exceptions, we are no longer subject to U.S. federal, state, foreign and local income tax examinations by tax authorities for years before 2008. The appeals process with the Internal Revenue Service (IRS) Office of Appeals for the years 2001 through 2007 has been completed. We reached agreement on all issues except one issue with respect to the 2003 tax year, an issue which occurs in 2004 through 2007 taxable years as well. We believe the position and supporting case law applied by the IRS to this matter are incorrectly applied to our situation and that our fact pattern is distinguishable from the IRS' position. We intend to vigorously defend our position on the issue. This matter was heard by the United States Tax Court at trial during November 2011, and a decision is expected during 2013. Currently, we are also under examination in various states. We do not anticipate that adjustments, if any, regarding the 2003 through 2007 disputed issue or state examinations will result in a material change to our consolidated statement of earnings, financial condition, statement of cash flows or earnings per share.
A reconciliation of the beginning and ending amount of unrecognized tax benefits follows:
 
(In thousands)
Balance at January 1, 2011
$
6,675

Additions based on tax positions related to current year
800

Additions for tax positions of prior years
2,650

Reductions for tax positions of prior years
(152
)
Settlements
(317
)
Balance at January 1, 2012
9,656

Additions for tax positions of prior years
1,411

Reductions for tax positions of prior years
(489
)
Settlements
(411
)
Balance at December 31, 2012
$
10,167


Included in the balance of unrecognized tax benefits at December 31, 2012 is $7.2 million, net of federal benefit, which, if ultimately recognized, will affect our annual effective tax rate.
As of December 31, 2012, we have accrued approximately $1.4 million for the payment of interest and recorded interest expense of approximately $107,000 for the year then ended, which are excluded from the reconciliation of unrecognized tax benefits presented above.