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INCOME TAXES
12 Months Ended
Sep. 30, 2012
INCOME TAXES  
INCOME TAXES

NOTE 4 INCOME TAXES

        The components of the provision for income taxes are as follows:

 
  Years Ended September 30,  
 
  2012   2011   2010  
 
  (in thousands)
 

Current:

                   

Federal

  $ 108,297   $ 42,377   $ 31,312  

Foreign

    13,201     14,259     13,215  

State

    10,542     8,112     1,937  
               

 

    132,040     64,748     46,464  
               

Deferred:

                   

Federal

    196,373     185,076     100,206  

Foreign

    (6,484 )   (4,117 )   7,846  

State

    7,042     6,692     (2,361 )
               

 

    196,931     187,651     105,691  
               

Total provision

  $ 328,971   $ 252,399   $ 152,155  
               

        The amounts of domestic and foreign income before income taxes are as follows:

 
  Years Ended September 30,  
 
  2012   2011   2010  
 
  (in thousands)
 

Domestic

  $ 886,484   $ 666,073   $ 389,383  

Foreign

    16,096     20,994     48,853  
               

 

  $ 902,580   $ 687,067   $ 438,236  
               

        Deferred income taxes are provided for the temporary differences between the financial reporting basis and the tax basis of our assets and liabilities. Recoverability of any tax assets are evaluated and necessary allowances are provided. The carrying value of the net deferred tax assets is based on management's judgments using certain estimates and assumptions that we will be able to generate sufficient future taxable income in certain tax jurisdictions to realize the benefits of such assets. If these estimates and related assumptions change in the future, additional valuation allowances may be recorded against the deferred tax assets resulting in additional income tax expense in the future.

        The components of our net deferred tax liabilities are as follows:

 
  September 30,  
 
  2012   2011  
 
  (in thousands)
 

Deferred tax liabilities:

             

Property, plant and equipment

  $ 1,103,769   $ 898,657  

Available-for-sale securities

    154,463     119,464  

Other

    4     62  
           

Total deferred tax liabilities

    1,258,236     1,018,183  
           

Deferred tax assets:

             

Pension reserves

    9,482     14,260  

Self-insurance reserves

    7,737     8,344  

Net operating loss and foreign tax credit carryforwards

    59,730     54,967  

Financial accruals

    39,833     36,672  

Other

    6,533     3,224  
           

Total deferred tax assets

    123,315     117,467  

Valuation allowance

    56,564     54,709  
           

Net deferred tax assets

    66,751     62,758  
           

Net deferred tax liabilities

  $ 1,191,485   $ 955,425  
           

        The change in our net deferred tax assets and liabilities is impacted by foreign currency remeasurement.

        As of September 30, 2012, we had state and foreign net operating loss carryforwards for income tax purposes of $21.4 million and $34.7 million, respectively, and foreign tax credit carryforwards of approximately $49.9 million (of which $46.0 million is reflected as a deferred tax asset in our Consolidated Financial Statements prior to consideration of our valuation allowance) which will expire in years 2013 through 2022. The valuation allowance is primarily attributable to state and foreign net operating loss carryforwards of $1.6 million and $11.4 million, respectively, and foreign tax credit carryforwards of $43.5 million which more likely than not will not be utilized.

        Effective income tax rates as compared to the U.S. Federal income tax rate are as follows:

 
  Years Ended
September 30,
 
 
  2012   2011   2010  

U.S. Federal income tax rate

    35 %   35 %   35 %

Effect of foreign taxes

    1     1     1  

State income taxes

    0     1     (1 )
               

Effective income tax rate

    36 %   37 %   35 %
               

        We recognize accrued interest related to unrecognized tax benefits in interest expense, and penalties in other expense in the Consolidated Statements of Income. As of September 30, 2012 and 2011, we had accrued interest and penalties of $6.1 million and $5.4 million, respectively.

        A reconciliation of the change in our gross unrecognized tax benefits for the fiscal year ended September 30, 2012 and 2011 is as follows:

 
  September 30,  
 
  2012   2011  
 
  (in thousands)
 

Unrecognized tax benefits at October 1,

  $ 6,878   $ 5,549  

Gross decreases—tax positions in prior periods

    (4 )   (249 )

Gross increases—tax positions in prior periods

    2,632     2,561  

Gross increases—current period effect of tax positions

    (242 )   434  

Expiration of statute of limitations for assessments

    (826 )   (1,417 )
           

Unrecognized tax benefits at September 30,

  $ 8,438   $ 6,878  
           

        As of September 30, 2012 and September 30, 2011, our liability for unrecognized tax benefits was $8.4 million and $6.9 million, respectively, which would affect the effective tax rate if recognized. The liabilities for unrecognized tax benefits and related interest and penalties are included in other noncurrent liabilities in our Consolidated Balance Sheets.

        For the next 12 months, we cannot predict with certainty whether we will achieve ultimate resolution of any uncertain tax position associated with our international operations that could result in increases or decreases of our unrecognized tax benefits. However, we believe it is reasonably possible that the reserve for uncertain tax positions may increase by approximately $7.0 million to $9.5 million during the next 12 months due to an international matter.

        We file a consolidated U.S. federal income tax return, as well as income tax returns in various states and foreign jurisdictions. The tax years that remain open to examination by U.S. federal and state jurisdictions include fiscal years 2008 through 2011. Audits in foreign jurisdictions are generally complete through fiscal year 2000.