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Income Taxes
12 Months Ended
Oct. 31, 2015
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]
Income Taxes
The following table provides a reconciliation of our effective tax rate from the federal statutory tax rate for the fiscal years ended October 31, 2015, 2014, and 2013 ($ amounts in thousands):
 
2015
 
2014
 
2013
 
$
 
%*
 
$
 
%*
 
$
 
%*
Federal tax provision at statutory rate
187,447

 
35.0

 
176,604

 
35.0

 
93,694

 
35.0

State tax provision, net of federal benefit
21,947

 
4.1

 
23,778

 
4.7

 
11,363

 
4.2

Domestic production activities deduction
(12,284
)
 
(2.3
)
 
(14,796
)
 
(2.9
)
 

 

Other permanent differences
(7,821
)
 
(1.5
)
 
(6,214
)
 
(1.2
)
 
(4,914
)
 
(1.8
)
Reversal of accrual for uncertain tax positions
(15,331
)
 
(2.9
)
 
(11,022
)
 
(2.2
)
 
(5,580
)
 
(2.1
)
Accrued interest on anticipated tax assessments
2,588

 
0.5

 
1,847

 
0.4

 
3,704

 
1.4

Increase in unrecognized tax benefits
3,214

 
0.6

 
5,694

 
1.1

 

 

Valuation allowance — recognized
3,681

 
0.7

 
1,328

 
0.3

 
3,232

 
1.2

Valuation allowance — reversed
(16,323
)
 
(3.0
)
 
(13,256
)
 
(2.6
)
 
(4,569
)
 
(1.7
)
Other
5,277

 
1.0

 
587

 
0.1

 
161

 
0.1

Income tax provision*
172,395

 
32.2

 
164,550

 
32.6

 
97,091

 
36.3

*
Due to rounding, amounts may not add.

We currently operate in 19 states and are subject to various state tax jurisdictions. We estimate our state tax liability based upon the individual taxing authorities’ regulations, estimates of income by taxing jurisdiction, and our ability to utilize certain tax-saving strategies. Based on our estimate of the allocation of income or loss among the various taxing jurisdictions and changes in tax regulations and their impact on our tax strategies, we estimated our rate for state income taxes at 6.3%, 7.2%, and 6.5% in fiscal 2015, 2014, and 2013, respectively.
The following table provides information regarding the provision (benefit) for income taxes for each of the fiscal years ended October 31, 2015, 2014, and 2013 (amounts in thousands):
 
2015
 
2014
 
2013
Federal
$
181,819

 
$
163,089

 
$
93,451

State
(9,424
)
 
1,461

 
3,640

 
$
172,395

 
$
164,550

 
$
97,091

 
 
 
 
 
 
Current
$
122,953

 
$
129,047

 
$
23,209

Deferred
49,442

 
35,503

 
73,882

 
$
172,395

 
$
164,550

 
$
97,091


The following table provides a reconciliation of the change in the unrecognized tax benefits for the years ended October 31, 2015, 2014, and 2013 (amounts in thousands):
 
2015
 
2014
 
2013
Balance, beginning of year
$
58,318

 
$
78,105

 
$
80,991

Increase in benefit as a result of tax positions taken in prior years
16,802

 
10,314

 
5,699

Increase in benefit as a result of tax positions taken in current year
9,005

 
442

 


Decrease in benefit as a result of settlements
(31,013
)
 

 


Decrease in benefit as a result of completion of audits


 
(1,222
)
 

Decrease in benefit as a result of lapse of statute of limitations
(1,223
)
 
(29,321
)
 
(8,585
)
Balance, end of year
$
51,889

 
$
58,318

 
$
78,105


The statute of limitations has expired on our federal tax returns for fiscal years through 2010.
Our unrecognized tax benefits are included in “Income taxes payable” on our Consolidated Balance Sheets. If these unrecognized tax benefits reverse in the future, they would have a beneficial impact on our effective tax rate at that time. During the next 12 months, it is reasonably possible that the amount of unrecognized tax benefits will change, but we are not able to provide a range of such change. The anticipated changes will be principally due to the expiration of tax statutes, settlements with taxing jurisdictions, increases due to new tax positions taken, and the accrual of estimated interest and penalties.
We recognize potential interest and penalties in our tax provision related to our unrecognized tax benefits. The amounts accrued for interest and penalties are included in “Income taxes payable” on our Consolidated Balance Sheets. The following table provides information as to the amounts recognized in our tax provision, before reduction for applicable taxes and reversal of previously accrued interest and penalties, of potential interest and penalties in the 12-month periods ended October 31, 2015, 2014, and 2013, and the amounts accrued for potential interest and penalties at October 31, 2015 and 2014 (amounts in thousands):
Expense recognized in the Consolidated Statements of Operations and Comprehensive Income
 
Fiscal year
 
2015
$
4,454

2014
$
9,694

2013
$
5,699

Accrued at:
 
October 31, 2015
$
17,012

October 31, 2014
$
33,867


The components of net deferred tax assets and liabilities at October 31, 2015 and 2014 are set forth below (amounts in thousands):
 
2015
 
2014
Deferred tax assets:
 
 
 
Accrued expenses
$
72,426

 
$
61,023

Impairment charges
130,709

 
231,098

Inventory valuation differences
67,610

 
26,789

Stock-based compensation expense
54,768

 
50,255

Amounts related to unrecognized tax benefits
25,267

 
19,297

State tax, net operating loss carryforward
53,103

 
47,330

Other
7,410

 
12,030

Total assets
411,293

 
447,822

Deferred tax liabilities:
 
 
 
Capitalized interest
107,970

 
102,951

Deferred income
17,661

 
2,511

Expenses taken for tax purposes not for book
37,868

 
21,076

Depreciation
3,819

 
4,012

Deferred marketing
14,384

 
23,073

Total liabilities
181,702

 
153,623

Net deferred tax assets before valuation allowances
229,591

 
294,199

Cumulative valuation allowance - state
(31,136
)
 
(43,778
)
Net deferred tax assets
$
198,455

 
$
250,421

Since the beginning of fiscal 2007, we recorded significant deferred tax assets as a result of the recognition of inventory impairments and impairments of investments in unconsolidated entities. In accordance with GAAP, we assess whether a valuation allowance should be established based on our determination of whether it is more-likely-than-not that some portion or all of the deferred tax assets would not be realized. At October 31, 2015 and 2014, we determined that it was more-likely-than-not that our deferred assets would be realized for federal purposes. Accordingly, at October 31, 2015 and 2014, we did not record any valuation allowances against our federal deferred tax assets.
We file tax returns in the various states in which we do business. Each state has its own statutes regarding the use of tax loss carryforwards. Some of the states in which we do business do not allow for the carryforward of losses, while others allow for carryforwards for 5 years to 20 years.
For state tax purposes, due to past and projected losses in certain jurisdictions where we do not have carryback potential and/or cannot sufficiently forecast future taxable income, we recognized net cumulative valuation allowances against our state deferred tax assets at October 31, 2015 and 2014, as shown above. During fiscal 2015, 2014, and 2013, due to improved actual and/or operating results, we reversed $16.3 million, $13.3 million, and $4.6 million of state deferred tax asset valuation allowance previously recognized, respectively. In addition, we establish valuation allowances for newly created deferred tax assets in certain jurisdictions where it is more-likely-than-not that the deferred tax asset would not be realized. During fiscal 2015, 2014, and 2013, we recognized new valuation allowances of $3.7 million, $1.3 million, and $3.2 million, respectively. We will continue to review our deferred tax assets in accordance with ASC 740.