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Income Taxes
12 Months Ended
Nov. 30, 2015
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes

Total income taxes were allocated as follows (in thousands):
 
 
 
Successor
 
 
Predecessor
 
 
Year 
 Ended 
 November 30, 
 2015
 
Year 
 Ended 
 November 30, 
 2014
 
Nine Months 
 Ended 
 November 30, 
 2013
 
 
Three Months 
 Ended 
 February 28, 
 2013
Income tax expense
 
$
18,898

 
$
142,061

 
$
94,686

 
 
$
48,645

Stockholders’ equity, for compensation expense for
   tax purposes (in excess of)/less than amounts
   recognized for financial reporting purposes
 
$
5,935

 
$
(1,276
)
 
$
(2,873
)
 
 
$
17,965



The provision for income tax expense consists of the following components (in thousands):
 
 
Successor
 
 
Predecessor
 
 
Year 
 Ended 
 November 30, 
 2015
 
Year 
 Ended 
 November 30, 
 2014
 
Nine Months 
 Ended 
 November 30, 
 2013
 
 
Three Months 
 Ended 
 February 28, 
 2013
Current:
 
 
 
 
 
 
 
 
 
U.S. Federal
 
$
(45,007
)
 
$
4,335

 
$
50,089

 
 
$
22,936

U.S. state and local
 
(28,260
)
 
4,056

 
6,263

 
 
(3,176
)
Foreign
 
3,369

 
11,475

 
7,050

 
 
(1,950
)
 
 
(69,898
)
 
19,866

 
63,402

 
 
17,810

Deferred:
 
 
 
 
 
 
 
 
 
U.S. Federal
 
74,085

 
87,293

 
25,262

 
 
17,392

U.S. state and local
 
22,811

 
27,181

 
8,868

 
 
9,761

Foreign
 
(8,100
)
 
7,721

 
(2,846
)
 
 
3,682

 
 
88,796

 
122,195

 
31,284

 
 
30,835

 
 
$
18,898

 
$
142,061

 
$
94,686

 
 
$
48,645



Income tax expense differed from the amounts computed by applying the U.S. Federal statutory income tax rate of 35% to earnings before income taxes as a result of the following (in thousands):

 
 
Successor
 
 
Predecessor
 
 
Year 
 Ended 
 November 30, 
 2015
 
Year 
 Ended 
 November 30, 
 2014
 
Nine Months 
 Ended 
 November 30, 
 2013
 
 
Three Months 
 Ended 
 February 28, 
 2013
 
 
Amount
 
Percent
 
Amount
 
Percent
 
Amount
 
Percent
 
 
Amount
 
Percent
Computed expected income taxes
 
$
39,979

 
35.0
 %
 
$
106,058

 
35.0
 %
 
$
92,504

 
35.0
 %
 
 
$
48,820

 
35.0
 %
Increase (decrease) in income
   taxes resulting from:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
State and city income taxes,
   net of Federal income tax
   benefit
 
(3,542
)
 
(3.1
)
 
20,304

 
6.7

 
9,835

 
3.7

 
 
4,280

 
3.1

Income allocated to
   Noncontrolling interest, not
   subject to tax
 
(628
)
 
(0.5
)
 
(1,190
)
 
(0.4
)
 
(2,946
)
 
(1.1
)
 
 
(3,553
)
 
(2.5
)
Foreign rate differential
 
(10,130
)
 
(8.9
)
 
(9,024
)
 
(2.9
)
 
(4,750
)
 
(1.8
)
 
 
(2,993
)
 
(2.2
)
Tax exempt income
 
(6,789
)
 
(5.9
)
 
(6,746
)
 
(2.2
)
 
(3,742
)
 
(1.4
)
 
 
(1,003
)
 
(0.7
)
Non deductible settlements
 

 

 
3,850

 
1.3

 
4,900

 
1.9

 
 

 

Valuation allowance related
   to Futures business
 

 

 
4,655

 
1.5

 

 

 
 

 

Goodwill impairment
 

 

 
13,619

 
4.5

 

 

 
 

 

Foreign tax credits
 
(7,240
)
 
(6.3
)
 
(3,149
)
 
(1.0
)
 

 

 
 

 

Non-deductible Bache Wind
   down Costs
 
3,225

 
2.8

 

 

 

 

 
 

 

Meals & entertainment
 
5,232

 
4.6

 
4,103

 
1.4

 
2,908

 
1.1

 
 
890

 
0.6

Other, net
 
(1,209
)
 
(1.2
)
 
9,581

 
3.0

 
(4,023
)
 
(1.6
)
 
 
2,204

 
1.6

Total income taxes
 
$
18,898

 
16.5
 %
 
$
142,061

 
46.9
 %
 
$
94,686

 
35.8
 %
 
 
$
48,645

 
34.9
 %

The following table presents a reconciliation of gross unrecognized tax benefits (in thousands):
 
Successor
 
 
Predecessor
 
Year 
 Ended 
 November 30, 
 2015
 
Year 
 Ended 
 November 30, 
 2014
 
Nine Months 
 Ended 
 November 30, 
 2013
 
 
Three Months 
 Ended 
 February 28, 
 2013
Balance at beginning of period
$
126,662

 
$
126,844

 
$
129,010

 
 
$
110,539

Increases based on tax positions related to the
   current period

 
4,831

 
8,748

 
 
7,185

Increases based on tax positions related to
   prior periods
2,818

 
1,624

 
7,383

 
 
15,356

Decreases based on tax positions related to
   prior periods
(3,883
)
 
(1,709
)
 
(18,297
)
 
 
(4,070
)
Decreases related to settlements with taxing
  authorities
(17,695
)
 
(4,928
)
 

 
 

Balance at end of period
$
107,902

 
$
126,662

 
$
126,844

 
 
$
129,010


The total amount of unrecognized benefit that, if recognized, would favorably affect the effective tax rate was $71.9 million and $84.5 million (net of federal benefits of taxes) at November 30, 2015 and November 30, 2014, respectively.
We recognize interest accrued related to unrecognized tax benefits in Interest expense. Penalties, if any, are recognized in Other expenses in the Consolidated Statements of Earnings. Net interest expense related to unrecognized tax benefits was $2.2 million, $7.7 million and $5.8 million for the year ended November 30, 2015, the year ended November 30, 2014 and the nine months ended November 30, 2013, respectively. For the three months ended February 28, 2013, interest expense was $1.8 million. At November 30, 2015 and November 30, 2014, we had interest accrued of approximately $32.8 million and $30.6 million, respectively, included in Accrued expenses and other liabilities in the Consolidated Statements of Financial Condition. No material penalties were accrued for the years ended November 30, 2015 and November 30, 2014.
The cumulative tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities are presented below (in thousands):
 
 
 
November 30, 2015
 
November 30, 2014
Deferred tax assets:
 
 
 
 
Compensation and benefits
 
$
253,291

 
$
302,072

Net operating loss
 
14,985

 
17,830

Long-term debt
 
95,765

 
140,685

Accrued expenses and other
 
106,136

 
89,273

Sub-total
 
470,177

 
549,860

Valuation allowance
 
(13,337
)
 
(13,069
)
Total deferred tax assets
 
456,840

 
536,791

Deferred tax liabilities:
 
 
 
 
Amortization of intangibles
 
103,560

 
97,268

Other
 
26,345

 
26,454

Total deferred tax liabilities
 
129,905

 
123,722

Net deferred tax asset, included in Other assets
 
$
326,935

 
$
413,069


The valuation allowance represents the portion of our deferred tax assets for which it is more likely than not that the benefit of such items will not be realized. We believe that the realization of the net deferred tax asset of $326.9 million is more likely than not based on expectations of future taxable income in the jurisdictions in which we operate.

At November 30, 2015, we had gross net operating loss carryforwards in Asia, primarily Japan, and in Europe, primarily the United Kingdom (“U.K.”), of approximately $74.4 million, in aggregate. The Japanese losses begin to expire in the year 2018, while the U.K. losses have an unlimited carryforward period. A deferred tax asset of $1.3 million related to net operating losses in Asia has been fully offset by a valuation allowance while a $5.9 million deferred tax asset related to net operating losses in Europe has been fully offset by a valuation allowance. The remaining valuation allowance is attributable to deferred tax assets related to compensation and benefits, capital losses, and tax credits in the U.K.
Pursuant to a tax sharing agreement entered into between us and Leucadia, payments are made between us and Leucadia to settle current tax assets and liabilities. At November 30, 2015, there is a net current tax receivable of $109.5 million from Leucadia.
At November 30, 2015 and November 30, 2014, we had approximately $205.0 million and $171.0 million, respectively, of earnings attributable to foreign subsidiaries for which no U.S. Federal income tax provision has been recorded. Except to the extent such earnings can be repatriated tax efficiently, they are permanently invested abroad. Accordingly, a deferred tax liability of approximately $59.0 million and $46.0 million has not been recorded with respect to these earnings at November 30, 2015 and November 30, 2014, respectively.
We are currently under examination by the Internal Revenue Service and other major tax jurisdictions. We do not expect that resolution of these examinations will have a material effect on our consolidated financial position, but could have a material impact on the consolidated results of operations for the period in which resolution occurs. It is reasonably possible that, within the next twelve months, statutes of limitation will expire which would have the effect of reducing the balance of unrecognized tax benefits by $3.8 million.
The table below summarizes the earliest tax years that remain subject to examination in the major tax jurisdictions in which we operate:
Jurisdiction
Tax Year
United States
2007
California
2006
New Jersey
2010
New York State
2001
New York City
2003
United Kingdom
2014