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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes  
Income Taxes

NOTE 14—INCOME TAXES

 

Deferred income tax assets (liabilities):

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, and also include the tax effect of carryforwards.

 

The following table identifies significant components of the Company's deferred tax assets and liabilities as of December 31, 2011 and 2010 (in thousands):

 

The following table reconciles the above net deferred tax assets (liabilities) as presented on the accompanying Consolidated Balance Sheets as of December 31, 2011 and 2010 (in thousands):

 

 

Provision for income taxes:

The following table reconciles the "Provision for income taxes" included in the accompanying Consolidated Statements of Income for the years ended December 31, 2011, 2010 and 2009 (in thousands):

 

 

 

 

The excess tax benefit associated with the exercise of non-qualified stock options has been included within "Additional paid-in capital" on the accompanying consolidated financial statements.

 

As of December 31, 2011, the Company had tax credit carryforwards available for state tax purposes of $5.1 million.  As of December 31, 2011, the Company had net operating loss carryforwards available for state purposes of $3.0 million.  The Company's state net operating loss carryforwards generally expire in years ranging from 2021 to 2027, and the Company's tax credits generally do not expire.

 

CSK had net operating losses in various years dating back to the tax year 1993. For CSK, the statute of limitation for a particular tax year for examination by the IRS is three years subsequent to the last year in which the loss carryover is finally used. The IRS completed an examination of the CSK consolidated federal tax return for the fiscal years ended January 30, 2005, January 29, 2006, February 4, 2007, and February 2, 2008. The statute of limitation for a particular tax year for examination by various states is generally three to four years subsequent to the last year in which the loss carryover is finally used.

 

Unrecognized tax benefits:

The following table summarizes the changes in the gross amount of unrecognized tax benefits, excluding interest and penalties, for the years ended December 31, 2011, 2010 and 2009 (in thousands):

 

 

For the years ended December 31, 2011, 2010 and 2009, the Company recorded a reserve for unrecognized tax benefits (including interest and penalties) of $53.0 million, $41.3 million and $37.6 million, respectively, of which $53.0 million, $41.3 million and $37.6 million would affect the Company's effective tax rate if recognized, generally net of federal tax affect. The Company recognizes interest and penalties related to uncertain tax positions in income tax expense. As of the years ended December 31, 2011, 2010 and 2009, the Company had accrued approximately $7.2 million, $4.6 million and $4.0 million, respectively, of interest and penalties related to uncertain tax positions before the benefit of the deduction for interest on state and federal returns. During the years ended December 31, 2011, 2010 and 2009, the Company recorded tax expense related to an increase in its liability for interest and penalties of $3.9 million, $1.5 million and $1.5 million, respectively. Although unrecognized tax benefits for individual tax positions may increase or decrease during 2012, the Company expects a reduction of $4.0 million of unrecognized tax benefits during the one-year period subsequent to December 31, 2011, resulting from settlement or expiration of the statute of limitations.

 

The Company's United States federal income tax returns for tax years 2008 and beyond remain subject to examination by the Internal Revenue Service ("IRS"). The IRS concluded an examination of the O'Reilly consolidated 2006 and 2007 federal income tax returns in the fourth quarter of 2009. The statute of limitations for the Company's federal income tax returns for tax years 2007 and prior expired on September 15, 2011. The statute of limitations for the Company's U.S. federal income tax return for 2008 will expire on September 15, 2012, unless otherwise extended. The IRS is currently conducting an examination of the Company's consolidated returns for the tax years 2008, 2009 and 2010. The Company's state income tax returns remain subject to examination by various state authorities for tax years ranging from 2001 through 2010.