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Income Taxes
12 Months Ended
Dec. 31, 2011
Disclosure Text Block  
Income Taxes

NOTE 5 INCOME TAXES

 

TDS' Income taxes receivable at December 31, 2011 and 2010 were as follows:

December 31,2011 2010
(Dollars in thousands)       
 Federal income taxes receivable$77,238  $56,109 
 State income taxes receivable 8,398   8,876 
 $85,636  $64,985 

Income tax expense is summarized as follows:

Year Ended December 31, 2011 2010 2009
(Dollars in thousands)           
Current            
Federal $(94,627) $24,329  $92,303 
State  5,583   (5,532)  7,222 
Deferred            
Federal  214,722   67,466   28,451 
State  (12,175)  8,925   7,563 
  $113,503  $95,188  $135,539 

A reconciliation of TDS' income tax expense computed at the statutory rate to the reported income tax expense, and the statutory federal income tax expense rate to TDS' effective income tax expense rate is as follows:

Year Ended December 31,2011 2010 2009
 Amount Rate Amount Rate Amount  Rate
(Dollars in millions)                    
Statutory federal income tax expense and rate$127.3  35.0% $100.0  35.0% $134.9  35.0%
State income taxes, net of federal benefit (1) (20.3) (5.6)  2.7  1.0   5.8  1.5 
Effect of noncontrolling interests (3.0) (0.8)  (4.0) (1.4)  (4.0) (1.0)
Correction of deferred taxes (2) 5.4  1.5           
Other differences, net 4.1  1.1   (3.5) (1.3)  (1.2) (0.3)
Total income tax expense and rate$113.5  31.2% $95.2  33.3% $135.5  35.2%

  • Net state income tax benefit is a result of changes in the valuation allowance. These changes primarily relate to the ability to utilize net operating losses as a result of state income tax law changes.

     

  • TDS recorded an immaterial adjustment to correct deferred tax balances related to a difference in the tax basis in certain partnership investments for errors occurring prior to 2009.

 

TDS' current Net deferred income tax asset totaled $40.9 million and $37.1 million at December 31, 2011 and 2010, respectively, and primarily represents the deferred tax effects of accrued liabilities and the allowance for doubtful accounts on customer receivables.

 

TDS' noncurrent deferred income tax assets and liabilities at December 31, 2011 and 2010 and the temporary differences that gave rise to them were as follows:

December 31,2011 2010
(Dollars in thousands)       
Noncurrent deferred tax assets       
Net operating loss ("NOL") carryforwards $103,709  $80,109 
Stock-based compensation 46,410   40,777 
Other 51,457   63,016 
   201,576   183,902 
Less valuation allowance (48,714)  (69,579)
Total noncurrent deferred tax assets 152,862   114,323 
Noncurrent deferred tax liabilities       
Property, plant and equipment 608,669   426,305 
Licenses/intangibles 224,817   194,943 
Partnership investments 123,898   74,634 
Other 4,191   7,533 
Total noncurrent deferred tax liabilities 961,575   703,415 
Net noncurrent deferred income tax liability$808,713  $589,092 

At December 31, 2011, TDS and certain subsidiaries had $1,664.6 million of state NOL carryforwards (generating an $89.0 million deferred tax asset) available to offset future taxable income primarily of the individual subsidiaries that generated the losses. The state NOL carryforwards expire between 2012 and 2031. Certain subsidiaries had federal NOL carryforwards (generating a $14.7 million deferred tax asset) available to offset future taxable income. The federal NOL carryforwards expire between 2012 and 2031. A valuation allowance was established for certain state NOL carryforwards and federal NOL carryforwards since it is more likely than not that a portion of such carryforwards will expire before they can be utilized.

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

   2011 2010 2009
(Dollars in thousands)           
Unrecognized tax benefits balance at January 1,$34,002  $45,034  $39,234 
 Additions for tax positions of current year 4,369   5,271   5,349 
 Additions for tax positions of prior years 171   179   4,362 
 Reductions for tax positions of prior years (1,973)  (3,517)  (3,855)
 Reductions for settlements of tax positions (976)  (12,549)   
 Reductions for lapses in statutes of limitations (6,752)  (416)  (56)
Unrecognized tax benefits balance at December 31,$28,841  $34,002  $45,034 

Unrecognized tax benefits are included in Accrued taxes and Other deferred liabilities and credits in the Consolidated Balance Sheet. If these benefits were recognized, they would have reduced income tax expense in 2011, 2010 and 2009 by $18.2 million, $22.2 million and $27.7 million, respectively, net of the federal benefit from state income taxes.

 

As of December 31, 2011, TDS believes it is reasonably possible that unrecognized tax benefits could decrease by approximately $9.1 million in the next twelve months. The nature of the uncertainty primarily relates to state income tax positions and their resolution or the expiration of statutes of limitation.

 

TDS recognizes accrued interest and penalties related to unrecognized tax benefits in Income tax expense. The amounts charged to Income tax expense related to interest and penalties resulted in a benefit in 2011 of $2.5 million, and expense in 2010 and 2009 of $1.8 million and $2.9 million, respectively. Net accrued interest and penalties were $15.0 million and $18.2 million at December 31, 2011 and 2010, respectively.

 

A summary of TDS' deferred tax asset valuation allowance is as follows:

   2011 (1) 2010 2009
(Dollars in thousands)           
Balance at January 1,$71,014  $63,870  $78,760 
 Charged to costs and expenses (28,511)  (293)  (13,762)
 Charged to other accounts 7,183   7,437   (1,128)
Balance at December 31,$49,686  $71,014  $63,870 

  • As of December 31, 2011, the valuation allowance reduced current deferred tax assets by $1.0 million and noncurrent deferred tax assets by $48.7 million.

 

TDS and its subsidiaries file federal and state income tax returns. TDS remains subject to federal income tax audits for the tax years after 2007. With only a few exceptions, TDS is no longer subject to state income tax audits for years prior to 2007.