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Note 17
6 Months Ended
Apr. 30, 2013
Income Tax Disclosure [Text Block]

17. The total income tax benefit was $12.1 million for the six months ended April 30, 2013 primarily due to the release of reserves for a federal tax position that was settled with the Internal Revenue Service and a favorable state tax audit settlement, offset slightly by state tax expenses.


Deferred federal and state income tax assets primarily represent the deferred tax benefits arising from temporary differences between book and tax income which will be recognized in future years as an offset against future taxable income. If the combination of future years’ income (or loss) and the reversal of the timing differences results in a loss, such losses can be carried forward to future years. In accordance with ASC 740, we evaluate our deferred tax assets quarterly to determine if valuation allowances are required.  ASC 740 requires that companies assess whether valuation allowances should be established based on the consideration of all available evidence using a “more likely than not” standard.  Because of the downturn in the homebuilding industry, resulting in significant inventory and intangible impairments in prior years, we are in a three-year cumulative loss position as of April 30, 2013.  According to ASC 740, a three-year cumulative loss is significant negative evidence in considering whether deferred tax assets are realizable.  Our valuation allowance for deferred taxes amounted to $941.8 million and $937.9 million at April 30, 2013 and October 31, 2012, respectively.  The valuation allowance increased slightly during the six months ended April 30, 2013 as compared to the prior period primarily due to additional valuation allowance recorded for the federal and state tax benefits related to the losses incurred during the period.