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INCOME TAXES
12 Months Ended
Dec. 31, 2013
INCOME TAXES  
INCOME TAXES

13.                            INCOME TAXES

 

Components of the provision for income taxes are as follows:

 

 

 

Year Ended December 31,

 

 

 

2013

 

2012

 

2011

 

Current:

 

 

 

 

 

 

 

Federal

 

  $

191,596

 

  $

177,372

 

  $

146,385

 

State

 

36,662

 

30,268

 

22,526

 

Foreign

 

4,052

 

3,951

 

2,827

 

 

 

232,310

 

211,591

 

171,738

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

Federal

 

(7,441)

 

(743)

 

634

 

State

 

(1,443)

 

(483)

 

465

 

Foreign

 

(9,694)

 

(7,373)

 

(3,583)

 

 

 

(18,578)

 

(8,599)

 

(2,484)

 

 

 

 

 

 

 

 

 

Valuation allowance

 

11,501

 

6,142

 

1,797

 

 

 

  $

225,233

 

  $

209,134

 

  $

171,051

 

 

The differences in the total provision for income taxes that would result from applying the 35% federal statutory rate to income before provision for income taxes and the reported provision for income taxes are as follows:

 

 

 

Year Ended December 31,

 

 

 

2013

 

2012

 

2011

 

U.S. Federal tax expense at statutory rates

 

  $

197,363

 

  $

192,204

 

  $

160,045

 

State income taxes, net of federal tax benefit

 

22,640

 

20,252

 

14,917

 

Permanent differences

 

936

 

5,968

 

1,176

 

Domestic production deduction

 

(16,039)

 

(15,469)

 

(11,551)

 

Other

 

266

 

(388)

 

1,538

 

Foreign rate differential

 

8,566

 

425

 

3,129

 

Valuation allowance

 

11,501

 

6,142

 

1,797

 

 

 

  $

225,233

 

  $

209,134

 

  $

171,051

 

 

Major components of the Company’s deferred tax assets (liabilities) at December 31 are as follows:

 

 

 

2013

 

2012

 

Deferred Tax Assets:

 

 

 

 

 

Reserve for sales returns

 

  $

583

 

  $

145

 

Reserve for doubtful accounts

 

62

 

28

 

Reserve for inventory obsolescence

 

2,060

 

2,753

 

Reserve for marketing development fund

 

9,470

 

4,595

 

Capitalization of inventory costs

 

1,949

 

1,524

 

State franchise tax

 

6,043

 

5,268

 

Accrued compensation

 

867

 

49

 

Accrued other liabilities

 

4,871

 

1,825

 

Deferred revenue

 

50,813

 

49,597

 

Stock-based compensation

 

21,963

 

19,965

 

Securities impairment

 

273

 

2,104

 

Foreign net operating loss carryforward

 

19,346

 

13,529

 

Prepaid supplies

 

4,639

 

2,008

 

Total gross deferred tax assets

 

  $

122,939

 

  $

103,390

 

 

 

 

 

 

 

Deferred Tax Liabilities:

 

 

 

 

 

Amortization of trademarks

 

  $

(10,393)

 

  $

(9,179)

 

Unrealized gain on available-for-sale investments

 

-

 

(1,006)

 

Amortization of graphic design

 

(94)

 

(81)

 

Depreciation

 

(5,828)

 

(5,304)

 

Total gross deferred tax liabilities

 

(16,315)

 

(15,570)

 

 

 

 

 

 

 

Valuation Allowance

 

(22,089)

 

(11,316)

 

 

 

 

 

 

 

Net deferred tax assets

 

  $

84,535

 

  $

76,504

 

 

During the years ended December 31, 2013, 2012 and 2011, the Company established full valuation allowances against deferred tax assets, resulting from cumulative net operating losses incurred by certain foreign subsidiaries of the Company. The effect of the valuation allowances and their related impact on the Company’s overall tax rate was to increase the Company’s provision for income taxes by $10.8 million, $6.1 million, and $1.8 million for the years ended December 31, 2013, 2012 and 2011, respectively. At December 31, 2013, the Company had net operating loss carryforwards of approximately $95.1 million. Of this amount, $73.9 million may be carried forward indefinitely. The remaining $21.2 million will begin to expire in 2017.

 

The following is a rollforward of the Company’s total gross unrecognized tax benefits, not including interest and penalties, for the years ended December 31, 2013, 2012 and 2011:

 

 

 

Gross Unrealized Tax
Benefits

 

Balance at January 1, 2011

 

  $

465

 

Additions for tax positions related to the current year

 

-

 

Additions for tax positions related to the prior year

 

1,445

 

Decreases for tax positions related to prior years

 

-

 

Balance at December 31, 2011

 

  $

1,910

 

Additions for tax positions related to the current year

 

-

 

Additions for tax positions related to the prior year

 

520

 

Decreases for tax positions related to prior years

 

(1,504)

 

Balance at December 31, 2012

 

  $

926

 

Additions for tax positions related to the current year

 

-

 

Additions for tax positions related to the prior year

 

9

 

Decreases for tax positions related to prior years

 

-

 

Balance at December 31, 2013

 

  $

935

 

 

The Company recognizes accrued interest and penalties related to unrecognized tax benefits in the provision for income taxes in the Company’s condensed consolidated financial statements. As of December 31, 2013, the Company had accrued approximately $0.4 million in interest and penalties related to unrecognized tax benefits. If the Company were to prevail on all uncertain tax positions it would not have a significant impact on the Company’s effective tax rate.

 

It is expected that the amount of unrecognized tax benefits will not significantly change within the next 12 months.

 

On March 8, 2013, the Internal Revenue Service (“IRS”) began its examination of the Company’s U.S. federal income tax returns for the years ended December 31, 2010 and 2011. The Company is also in various stages of examination with certain states.

 

The Company is subject to U.S. federal income tax as well as to income tax in multiple state and foreign jurisdictions. Federal income tax returns are subject to IRS examination for the 2010, 2011 and 2012 tax years. State income tax returns are subject to examination for the 2009 through 2012 tax years.