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Income Taxes
12 Months Ended
Oct. 31, 2013
Income Taxes Disclosure [Abstract]  
Income Tax Disclosure Text Block

11. Income Taxes

 

       The components of income tax expense for the years ended October 31, 2013, 2012 and 2011 are presented below.

  2013 2012 2011
In thousands Federal State Federal State Federal State
                   
Charged (Credited) to operating income:                  
Current $ (3,032) $ 919 $ (29,062) $ 1,857 $ (11,403) $ 4,209
Deferred   67,885   11,829   86,496   10,144   64,806   6,597
Tax Credits:                  
Utilization   -   -   -   -   184   -
Amortization   (267)   -   (334)   -   (325)   -
Total   64,586   12,748   57,100   12,001   53,262   10,806
                   
Charged (Credited) to other income (expense):                  
Current   6,049   984   5,636   1,027   3,263   (36)
Deferred   2,225   (646)   2,214   239   4,167   824
Total   8,274   338   7,850   1,266   7,430   788
Total $ 72,860 $ 13,086 $ 64,950 $ 13,267 $ 60,692 $ 11,594

A reconciliation of income tax expense at the federal statutory rate to recorded income tax expense for the years ended October 31, 2013, 2012 and 2011 is presented below.

In thousands 2013 2012 2011 
           
Federal taxes at 35% $ 77,127 $ 69,322 $ 65,049 
State income taxes, net of federal benefit   8,506   8,624   7,536 
Amortization of investment tax credits   (267)   (334)   (325) 
Other, net   580   605   26 
Total $ 85,946 $ 78,217 $ 72,286 

As of October 31, 2013 and 2012, deferred income taxes consisted of the following temporary differences.

In thousands 2013  2012  
        
Deferred tax assets:       
Benefit of loss carryforwards$ 66,087 $ 3,092  
Employee benefits and compensation  13,834   22,286  
Revenue requirement  19,062   10,148  
Utility plant  10,386   11,285  
Other  12,796   9,173  
Total deferred tax assets  122,165   55,984  
Valuation allowance  (505)   (505)  
Total deferred tax assets, net  121,660   55,479  
Deferred tax liabilities:       
Utility plant  652,822   523,232  
Revenues and cost of gas  21,257   26,816  
Equity method investments  38,710   34,092  
Deferred costs  59,221   73,744  
Other  18,324   8,348  
Total deferred tax liabilities  790,334   666,232  
Net deferred income tax liabilities$ 668,674 $ 610,753  

As of October 31, 2013 and 2012, total net deferred income tax assets were net of a valuation allowance to reduce amounts to the amounts that we believe will be more likely than not realized. We and our wholly owned subsidiaries file a consolidated federal income tax return and various state income tax returns. As of October 31, 2013, we have a federal NOL carryforward of $178.1 million, which expires in 2033. We also have $5.9 million of federal NOL carryforwards as of October 31, 2013 and 2012 that expire in 2021 through 2025 and are subject to an annual limitation of $.3 million.

 

As of October 31, 2013 and 2012, we have state NOL carryforwards of $6.4 million and $6.8 million, respectively, that expire from 2020 through 2028. We may use the carryforwards to offset taxable income.

 

We have federal charitable contribution carryforwards as of October 31, 2013 and 2012 of $4.2 million and $2.3 million, respectively, that expire from 2016 through 2018.

 

We are no longer subject to federal income tax examinations for tax years ending before and including October 31, 2009, and with few exceptions, state income tax examinations by tax authorities for years ended before and including October 31, 2009.

A reconciliation of changes in the deferred tax valuation allowance for the years ended October 31, 2013, 2012 and 2011 is presented below.

In thousands 2013  2012  2011
         
Balance at beginning of year$ 505 $ 505 $ 1,324
Credited to income tax expense  -   -   (819)
Balance at end of year$ 505 $ 505 $ 505

There were no unrecognized tax benefits for the years ended October 31, 2013 and 2012.

 

In July 2013, legislation was passed in North Carolina affecting corporate taxation. The legislation reduces the corporate income tax rate from 6.9% to 6% for tax years beginning after January 1, 2014 and to 5% for tax years beginning after January 1, 2015. It also provides for two additional 1% rate reductions if the state's tax collections exceed certain thresholds. We record deferred income taxes on temporary tax differences using the income tax rate in effect when the temporary difference is expected to reverse. As a result of the rate reductions, we adjusted our noncurrent deferred income tax balances at October 31, 2013 by approximately $25 million for temporary differences expected to reverse at a lower rate than under the prior law and recognized a tax benefit of approximately $1 million in net income, the majority of which relates to our non-utility activities segment, with the balance of approximately $24 million recorded in deferred income taxes in Regulatory Liabilities” in Note 1 to the consolidated financial statements, reflecting a future benefit to our customers; our state commissions will determine the recovery period of this regulatory liability in future proceedings.