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Income Taxes
12 Months Ended
Sep. 30, 2012
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
The fiscal year income taxes consist of the following (in thousands):
 
 
2012
 
2011
 
2010
Current:
 
 
 
 
 
 
Federal
 
$
32,010

 
$
48,265

 
$
55,765

State
 
5,248

 
11,042

 
8,420

 
 
37,258

 
59,307

 
64,185

Deferred:
 
 
 
 
 
 
Federal
 
(5,553
)
 
(8,077
)
 
(24,070
)
State
 
(1,062
)
 
(4,755
)
 
(3,484
)
 
 
(6,615
)
 
(12,832
)
 
(27,554
)
Income tax expense from continuing operations
 
$
30,643

 
$
46,475

 
$
36,631

Income tax benefit from discontinued operations
 
$
(3,456
)
 
$
(1,298
)
 
$
(825
)

A reconciliation of the federal statutory income tax rate to our effective tax rate of continuing operations is as follows:
 
 
2012
 
2011
 
2010
Computed at federal statutory rate
 
35.0
%
 
35.0
%
 
35.0
%
State income taxes, net of federal tax benefit
 
3.3

 
3.4

 
3.2

Benefit of jobs tax credits
 
(1.2
)
 
(1.5
)
 
(1.8
)
Expense/(benefit) related to COLIs
 
(5.0
)
 
0.3

 
(2.2
)
Others, net
 
0.6

 
(0.9
)
 
(0.2
)
 
 
32.7
%
 
36.3
%
 
34.0
%


The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at each year-end are presented below (in thousands):
 
 
2012
 
2011
Deferred tax assets:
 
 
 
 
Accrued pension and postretirement benefits
 
$
109,443

 
$
82,706

Accrued insurance
 
12,096

 
14,263

Accrued vacation pay expense
 
4,611

 
6,605

Deferred income
 
1,969

 
2,268

Other reserves and allowances
 
32,504

 
29,127

Tax loss and tax credit carryforwards
 
5,093

 
4,025

Leasing transactions
 
10,893

 
9,348

Share-based compensation
 
18,722

 
18,853

Other, net
 
3,297

 
4,620

Total gross deferred tax assets
 
198,628

 
171,815

Valuation allowance
 
(5,093
)
 
(4,025
)
Total net deferred tax assets
 
193,535

 
167,790

Deferred tax liabilities:
 
 
 
 
Property and equipment, principally due to differences in depreciation
 
(27,230
)
 
(32,677
)
Intangible assets
 
(23,837
)
 
(24,021
)
Total gross deferred tax liabilities
 
(51,067
)
 
(56,698
)
Net deferred tax assets
 
$
142,468

 
$
111,092


Deferred tax assets at September 30, 2012 include state net operating loss carryforwards of approximately $77.5 million expiring at various times between 2012 and 2032. At September 30, 2012 and October 2, 2011, we recorded a valuation allowance related to state net operating losses of $5.1 million and $4.0 million, respectively. The current year change in the valuation allowance of $1.1 million relates to net operating losses. We believe that it is more likely than not that these loss carryforwards will not be realized and that the remaining deferred tax assets will be realized through future taxable income or alternative tax strategies.
At October 2, 2011, our gross unrecognized tax benefits associated with uncertain income tax positions were $0.6 million, and increased by $0.3 million by September 30, 2012 based on a preliminary assessment of a state income tax audit. A reconciliation of the beginning and ending amount of unrecognized tax benefits follows (in thousands):
 
 
 
2012
 
2011
Balance beginning of year
 
$
629

 
$
629

Increases to tax positions recorded during current years
 
276

 

Balance at end of year
 
$
905

 
$
629


From time to time, we may take positions for filing our tax returns which may differ from the treatment of the same item for financial reporting purposes. The ultimate outcome of these items will not be known until the IRS has completed its examination or until the statute of limitations has expired.
It is reasonably possible that changes of approximately $0.4 million to the gross unrecognized tax benefits will be required within the next twelve months. These changes relate to the possible settlement of state tax audits.
 
The major jurisdictions in which the Company files income tax returns include the United States and states in which we operate that impose an income tax. The federal statutes of limitations have not expired for fiscal years 2009 and forward. The statutes of limitations for California and Texas, which constitute the Company’s major state tax jurisdictions, have not expired for fiscal years 2001 and 2007, respectively, and forward. Generally, the statutes of limitations for the other state jurisdictions have not expired for fiscal years 2009 and forward.